TaxTMI 
TaxTMI 
2016 (4) TMI 865
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....n held to be null and void. 2] The learned CIT(A) erred in holding that since the assessee had attended during the asst. proceedings and had not raised the objection of non issue of notice u/s. 143(2), the assessee was precluded from the said objection in the appellate proceedings in view of the provisions of Section 292BB. 3] The learned CIT(A) failed to appreciate that the provisions of Section 292BB were not applicable to the facts of the present case and therefore, the assessee had a right to agitate the validity of the reassessment order even though the assessee had not raised the objection during the reassessment proceedings. 4] The learned CIT(A) ought to have appreciated that since no notice u/s. 143(2) was issued by the learned A.O., the reassessment order was not valid and accordingly, the same should have been declared null and void. 5] Without prejudice to the above grounds, the learned CIT(A) erred in holding that the assessee was not entitled to claim exemption u/s. 10(20) of the Act without appreciating that the assessee was entitled to the said exemption. 6] Without prejudice to the above grounds, the learned CIT(A) erred....
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....see therefore agitated the validity of the re-assessment order and contended that in the absence of statutory notice mandated under section 143(2), the re-assessment order is void ab initio and deserves to be annulled. The assessee submitted that the Assessing Officer ought to have issued notice under section 143(2) within prescribed time limit to enable him proceed with the re-assessment proceedings. He pointed out that as can be seen from para 2 of the assessment order, it is manifest that issuance of notice under section 142(1) of the Act only is in reference. There is no assertion to the effect that notice under section 143(2) has been issued. He further added that the defect in non-issuance of notice under section 143(2) is not curable under section 292BB of the Act. The CIT(A) obtained remand report from the Assessing Officer dated 10.09.2013 in the matter which is reproduced in para 6 of the order of the CIT(A). As per the remand report, the Assessing Officer admitted that notice under section 143(2) was not found on record both for the assessment year 2007-08 as well as for assessment year 2008-09 in appeal. He however added that there is a mention of notice under section 1....
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....e & Investments vs. ITO, (2013) 90 DTR 289 (Mad.) and the decision of the Co-ordinate Bench of the Tribunal in the case of Machale Govindrao Namdeorao vs. ITO in ITA No.1982/PN/2012, order dated 08.01.2014. The Ld. Authorized Representative for the assessee further relied upon the decision of the Hon'ble Delhi High Court in the case of Pr.CIT vs. Shri Jai Shiv Shankar Traders Pvt. Ltd. in ITA No.519/2015, order dated 14.10.2015 for the proposition that issuance of notice under section 143(2) is mandatory and section 292BB does not provide immunity from the applicability of section 143(2) of the Act. 10. The Ld. Departmental Representative for the Revenue, on the other hand, relied upon the order of the CIT(A) and submitted that mere nonissuance of notice under section 143(2) by itself will not invalidate the reassessment order. He submitted that the assessee was duly informed of the reassessment proceedings and notice under section 142(1) was duly issued in any case. He next submitted that the assessee has fully cooperated in the reassessment proceedings and full opportunity has been provided to the assessee while framing the re-assessment. Hence, obligation to issue notice unde....
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....ce under section 148 of the Act. As noted above, return filed in response to notice under section 148 is deemed to return filed under section 139 and all the provisions of the Act shall apply accordingly. As a corollary, as per the mandate of section 143(2) of the Act, the notice for assessment has to be necessarily issued in so far as the return deemed to have been filed under section 139 of the Act. 13. A plain reading of Section 143(2) suggests that where a return has been furnished under section 139 or in response to notice under section 142(1), the provisions of section 143(2) will come into play. In view of the regularization of the earlier return filed as return filed in response to notice under section 148 which in turn deems such return as return filed under section 139 of the Act, the requirement of issuance of notice under section 143(2) cannot be dispensed with. We find that the aforesaid contention is squarely covered by the decision of the Hon'ble Supreme Court in the case of Hotel Blue Moon (supra) and other judicial decision in the case of Geno Pharmaceuticals Ltd. (supra). The Revenue, while admitting the fact of non-issuance of notice under section 143(2) in th....