2020 (4) TMI 528 - AT - Income Tax

Assessment Order Annulled for Lack of Notice: Importance of Compliance with Statutory Requirements

The Tribunal annulled the assessment order for the assessment year 2011-12 due to the absence of a notice under section 143(2) following the assessee's ... Reopening of assessment u/s 147 - no notice u/s. 143(2) of the Act was issued by the AO - addition u/s 68 for unexplained cash credit - HELD THAT:- Requirement of service of notice u/s. 143(2) of the Act in the present case was necessary and the admitted factual position is that no such notice was issued after the filing of return of income by the assessee in response to notice u/s. 148 - we are of the view that that the ratio laid down by the Hon’ble Supreme Court in the case of Hotel Bluemoon [2010 (2) TMI 1 - SUPREME COURT]) and Laxmandas Khandelwal [2019 (8) TMI 660 - SUPREME COURT] will apply to the present case. The consequene of non-issue of notice u/s. 143(2) of the Act is fatal to the validity of the order passed u/s. 148 of the Act. Since the aforesaid legal infirmity renders the order of assessment null and void, we are of the view that the order of assessment has to be annulled. - Decided in favour of assessee. Issues:Validity of notice u/s. 143(2) of the Act for assessment year 2011-12.Analysis:The appeal pertains to the assessment year 2011-12 where the assessee, a real estate company, declared total income of Rs. 8,87,180. Subsequently, proceedings were initiated under section 147 of the Income-tax Act based on information received regarding accommodation entries provided by certain entities. The Assessing Officer (AO) treated the return filed by the assessee on 30.9.2011 as a response to the notice u/s. 148. The AO completed the assessment by adding Rs. 65 lakhs as unexplained cash credit u/s. 68 of the Act, involving various transactions.Upon appeal, the CIT(Appeals) upheld the AO's order, leading the assessee to approach the Tribunal. The assessee raised additional grounds challenging the validity of the assessment order due to the absence of a notice u/s. 143(2) post the return filed in response to notice u/s. 148. The Tribunal admitted these additional grounds for adjudication based on legal issues already on record.The Tribunal noted the absence of a notice u/s. 143(2) after the assessee's response to the notice u/s. 148. Citing legal precedents, the Tribunal emphasized that an assessment without issuing a notice u/s. 143(2) renders the order null and void. The Tribunal rejected the contention that the assessment was concluded under section 144, as there was no failure on the part of the assessee to comply with the notice u/s. 142(1) or 143(2). Consequently, the Tribunal held that the absence of a notice u/s. 143(2) post the return filed in response to notice u/s. 148 invalidated the assessment order, leading to its annulment.In light of the above, the Tribunal allowed the appeal, annulling the assessment order for the assessment year 2011-12. The Tribunal concluded that other issues raised in the appeal did not warrant consideration, given the fatal flaw in the assessment process.This judgment highlights the critical importance of adhering to procedural requirements, such as issuing statutory notices, in conducting assessments under the Income-tax Act.