Classification of imported salvaged shaft pieces as ship parts confirmed, reassessment time-barred and appeal allowed restoring original classificatio...
Scope of intermediary status for data hosting services: tribunal finds provider not intermediary, services exported and not taxable, limited remand on...
CENVAT credit availability after omission of Rule 12B in textiles confirmed; late addendum to SCN introducing new grounds held time-barred and invalid...
Export of Wheat Flour and related products subject to online allocation, eligibility criteria, non-transferable six-month authorisations and reporting...
After the assessee filed a return in response to notice under section 148, the ITAT held that issuance of notice under section 143(2) was mandatory before completing reassessment to the assessee's detriment. The Tribunal treated the omission as a jurisdictional defect, not a curable procedural irregularity, and held that section 292BB cannot cure the complete absence of notice, only defects in service where notice has already been issued. Since no section 143(2) notice was issued after the return was filed and acted upon, the reassessment order was annulled.
After the assessee filed a return in response to notice under section 148, the ITAT held that issuance of notice under section 143(2) was mandatory before completing reassessment to the assessee's detriment. The Tribunal treated the omission as a jurisdictional defect, not a curable procedural irregularity, and held that section 292BB cannot cure the complete absence of notice, only defects in service where notice has already been issued. Since no section 143(2) notice was issued after the return was filed and acted upon, the reassessment order was annulled.
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