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ITAT held that the belated return filed by the assessee society on 31.03.2019 in response to a s.142(1) notice dated 01.12.2017 constituted a valid return despite delay. The AO erred in treating that return as invalid and in withdrawing the subsequently issued s.143(2) notice dated 22.09.2019, thereafter framing assessment u/s 144. The Tribunal found the AO's dispensation of the statutory obligation to serve a s.143(2) notice and framing under s.144 resulted in absence of valid assumption of jurisdiction. Section 292BB could not cure the absence of a s.143(2) notice. Consequently the s.144 assessment dated 28.12.2019 was quashed.
ITAT held that the belated return filed by the assessee society on 31.03.2019 in response to a s.142(1) notice dated 01.12.2017 constituted a valid return despite delay. The AO erred in treating that return as invalid and in withdrawing the subsequently issued s.143(2) notice dated 22.09.2019, thereafter framing assessment u/s 144. The Tribunal found the AO's dispensation of the statutory obligation to serve a s.143(2) notice and framing under s.144 resulted in absence of valid assumption of jurisdiction. Section 292BB could not cure the absence of a s.143(2) notice. Consequently the s.144 assessment dated 28.12.2019 was quashed.
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