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of <h1>Tribunal Invalidates Tax Notice: Proper Service Procedures Essential for Assessment</h1> <h3>Sajjan Kumar Agarwal Versus ITO-25 (1) (1), Mumbai</h3> Sajjan Kumar Agarwal Versus ITO-25 (1) (1), Mumbai - TMI Issues:Challenge to reopening under Section 147 of the Income Tax Act, 1961 due to invalid service of notice under Section 148 and absence of notice under Section 143(2).Analysis:The appellant contested the reopening, arguing that the notice under Section 148 was not validly served and no notice under Section 143(2) was issued post filing of return. The appellant's representatives highlighted that the notice was served via affixture without proper witnessing by an independent party. They emphasized that the assessment without serving notices under Sections 148 and 143(2) is legally flawed. The Department defended the order, stating that notices were duly issued and the appellant failed to comply. The Tribunal noted the primary objection regarding the invalid service of the Section 148 notice through affixture.The Tribunal referred to Section 282 of the Act, emphasizing the prescribed methods of service. It was observed that no effort was made to serve the notice through approved postal or courier services. The Tribunal highlighted the provisions of the Code of Civil Procedure regarding substituted service, emphasizing the need for diligent attempts before resorting to such methods. The Tribunal concluded that the notice under Section 148 was not validly served, rendering subsequent proceedings void.Regarding the absence of notice under Section 143(2), the Tribunal noted the appellant's reply to the Section 148 notice but the lack of a subsequent Section 143(2) notice. Citing legal precedents, the Tribunal stressed the mandatory nature of issuing a valid Section 143(2) notice for assessment/reassessment. Rulings from the Supreme Court and High Courts underscored the importance of this notice, deeming proceedings without it as legally flawed. Consequently, the Tribunal found merit in the appellant's legal grounds, leading to the allowance of the appeal.Given the success on legal grounds, the Tribunal did not delve into the merits of other grounds raised by the appellant. Ultimately, the impugned order was set aside, and the appeal was allowed, highlighting the significance of valid notice issuance under Sections 148 and 143(2) for lawful assessment proceedings.
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