Mandatory scrutiny notice under section 143(2) cannot be cured by section 292BB when timely objection is raised.

Non-issuance of a valid notice under section 143(2) within the prescribed time before scrutiny assessment was treated as a jurisdictional defect, because the notice is mandatory and not a mere procedural formality. The defect could not be cured under section 292BB where the assessee had raised a timely objection, bringing the proviso into play. A notice issued by an officer lacking jurisdiction at the relevant time was ineffective, so the assessment was invalid.

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Issues: Whether non-issuance of notice under section 143(2) within the prescribed time before completion of scrutiny assessment vitiated the assessment, and whether section 292BB could cure the defect despite the assessee's objection.

Analysis: Notice under section 143(2) is mandatory and is not a mere procedural formality. Failure to serve such notice within the statutory time limit goes to the root of the assessment and is not a curable irregularity. On the facts, no valid notice under section 143(2) was issued by the officer having jurisdiction over the assessee within the prescribed period. The deeming fiction under section 292BB was unavailable because the assessee had raised a timely objection, attracting the proviso to that provision. The assessment could not be sustained on the basis of a notice issued by an lacking jurisdiction at the relevant time.

Conclusion: The assessment was invalid for want of a valid notice under section 143(2), and section 292BB did not apply to cure the defect. The appeal failed and the assessee succeeded.

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