2016 (3) TMI 58

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.... year 2006-07 against respective orders passed under section 143(3) of the Income Tax Act, 1961 (in short 'the Act'). 2. This bunch of appeals filed by the different assessees on similar issues were heard together and are being disposed of by this consolidated order for the sake of convenience. However, reference is being made to the facts and issues in ITA No.1313/PN/2014 to adjudicate the issues. 3. The assessee in ITA No. 1313/PN/2014 has raised the following grounds of appeal :- 1. The ld CIT (A) erred in upholding the decision of the ld ITO that land under consideration was not agricultural land ignoring the facts that the said land was shown as agricultural land in the revenue records and was under actual cultivation. ....

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.... 1. The learned CIT(A) erred in upholding the decision of the learned AO, without appreciating that, the assessment order passed u/s 143(3) of the I T Act, without serving the statutory notice u/s 143(2) of the I T Act on the assessee, was bad in law liable to set aside. 2. Without prejudice to the above, the learned CIT(A) erred in not appreciating that the learned AO was not justified in subjecting to tax the Long Term Capital Gains on sale of agricultural land without allowing the basic exemption of Rs. 1,00,000/- which was available to an individual assessee u/s 112 of the I T Act in the A Y 2006 -07. 5. The learned Authorized Representative for the assessee pointed out that the additional grounds of appeal raised by t....

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....3 notes that he had issued the notice under section 142(1) of the Act, which was served on the assessee directing to attend office on 28.05.2009 at 11.00 A.M. along with supporting evidence. In response thereto, the assessment proceedings were taken up. 8. Now, the assessee before us has filed an additional ground of appeal No.1, in which he has challenged the assessment order being passed under section 143(3) of the Act without serving the statutory notice under section 143(2) of the Act. The assessment order so passed is claimed to be bad in law and liable to be set-aside. The additional ground of appeal No.1 filed by the assessee is a legal issue and in view of the ratio laid down by the Hon'ble Supreme Court in National Thermal Power....

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....of assessee, then the assessment order so passed is without jurisdiction and is bad in law. We find support from the ratio laid down by the Hon'ble Supreme Court in ACIT Vs. Hotel Blue Moon (2010) 188 TAXMAN 113 (SC), the case law relied upon by the learned Authorized Representative for the assessee. Though, in the facts of the case before the Hon'ble Supreme Court (supra), the proceedings were initiated under section 158BC of the Act, the Hon'ble Supreme Court held that even for completing block assessment in such cases, the requirement of procedure was to issue notice under section 143(2) of the Act and in the absence of the same, the assessment made by the Assessing Officer was held to be invalid. Further, the Hon'ble Punjab & Haryana Hi....