2014 (8) TMI 1019

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...., which reads as under: "1. On the facts and in the circumstances of the case, the assessing officer erred in passing order U/s 143(3) r.w.s 147 without issuance of Notice u/s.143(2) and therefore the order passed by the learned assessing officer is bad in law and void ab initio. 2. On the facts and in the circumstances of the case, the learned Commissioner of Income-tax (Appeals) erred in upholding the re-opening of assessment u/s. 148 of the Income-tax Act. 3. On the facts and in the circumstances of the case, the learned Commissioner of Income-tax (Appeals) erred in confirming the order of the learned Assessing Officer in respect of charging Rs. 55 lacs to be received from the developer under the head capital gains, when the dev....

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.... u/s.147 r.w.s. 143(3) of the Act. The ld. AR has submitted that the issuance of notice before reopening of the assessment was mandatory. He has relied upon 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 section 143(2) cannot be said to be a mere p....