2014 (8) TMI 1020

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....d the reopening of the assessment u/s.147 of the Act on the ground of non-issuance of notice u/s.143(2) of the Income Tax Act, 1961 ('the Act' hereinafter). Vide ground no. 2, the assessee has raised the issue that the Assessing Officer (A.O.) did not dispose off the objections filed by the assessee against the section 147 proceedings. Vide ground no. 3, the assessee has agitated that the reopening was made after a period of four years and that full details were disclosed by the assessee and there was no fault attributable on the part of the assessee resulting in escapement of any income. Lastly, vide her fourth ground of appeal, the assessee has agitated the quantum addition of Rs. 27.26 lacs on account of enhanced compens....

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....sment proceedings u/s.147 r.w.s. 143(3) of the Act. The ld. Authorized Representative (AR) has submitted that the issuance of notice before reopening of the assessment was mandatory. He has relied a decision of Hon'ble Supreme Court styled as "CIT & Another Vs. Hotel Blue Moon" (2010) 229 CTR (SC) 362, wherein Hon'ble Supreme Court, while adjudicating upon the case of block assessment under the Income Tax Act, has observed that if the A.O., for any reason, repudiates the return filed by the assessee in response to a notice under section 158BC(a), he must necessarily issue notice under section 143(2) within the time prescribed in the proviso to section 143(2); omission on the part of the assessing authority to issue notice under sect....