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of <h1>Assessment under Section 144 read with 147 quashed for missing Section 143(2) notice, appeal allowed</h1> <h3>Shri Krishan Versus DCIT, Circle-1 (2) (1), Meerut</h3> The ITAT Delhi - AT quashed the assessment framed under section 144 read with section 147 due to the non-issuance of notice under section 143(2). The ... Validity of section 144 r.w.s. 147 assessment - Non issuing notice u/s 143(2) - HELD THAT:- This clinching fact has gone as un-rebutted from the Revenue side. That being the case, hereby quash the impugned assessment in light of ACIT Vs. Hotel Blue Moon [2010 (2) TMI 1 - SUPREME COURT] - Assessee's appeal is allowed. The Appellate Tribunal (ITAT Delhi) in the appeal for AY 2012-13 against the CIT(A)/NFAC order under section 147 read with section 144 of the Income Tax Act, 1961, addressed the validity of the reassessment order dated 02.12.2019. The key issue was that the Assessing Officer did not issue a mandatory notice under section 143(2) before finalizing the reassessment under section 144 r.w.s. 147. This procedural lapse was undisputed by the Revenue. Relying on the Supreme Court decision in ACIT Vs. Hotel Blue Moon (2010) 321 ITR 362 (SC), the Tribunal held the reassessment order invalid and quashed it. Consequently, all other merits were rendered academic, and the appeal was allowed.
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