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of <h1>Revenue's Appeal Dismissed: No Substantial Question of Law on Notice Requirement for Assessment Order.</h1> <h3>PRINCIPAL COMMISSIONER OF INCOME TAX-5, KOLKATA Versus BHAGYALAXMI CONCLAVE PVT. LTD., BHUBANESHWARI DEVELOPERS PVT. LTD., M/s. DHANLAXMI CONCLAVE PVT. LTD.</h3> PRINCIPAL COMMISSIONER OF INCOME TAX-5, KOLKATA Versus BHAGYALAXMI CONCLAVE PVT. LTD., BHUBANESHWARI DEVELOPERS PVT. LTD., M/s. DHANLAXMI CONCLAVE PVT. ... Issues Involved:The appeal filed by the revenue u/s 260A of the Income Tax Act against the order of the Income Tax Appellate Tribunal for the assessment year 2012-13.Issue 1:The substantial question of law regarding the validity of the assessment order and the requirement of issuing a notice u/s 143(2) of the Income Tax Act.The Court considered whether the notice u/r 143(2) was issued as required. The Tribunal found that the Assessing Officer completed the assessment without issuing the necessary notice. The Tribunal concluded that the assessment order was flawed in law due to the absence of the required notice. The Court determined that no substantial question of law arose in this appeal.Issue 2:The substantial question of law regarding the necessity of issuing a notice u/s 143(2) for an assessment order u/s 143(3) of the Income Tax Act.The Tribunal decided that the authority passing the assessment order u/s 143(3) should have issued a notice u/s 143(2), although this requirement was not supported by the provisions of the Income Tax Act. The Court found no merit in this argument and dismissed the appeal.The appeal [ITAT/221/2022] was dismissed, and the connected application [GA/2/2022] was closed accordingly.
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