2008 (4) TMI 752

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....e Tribunal was justified in law and on the facts of the case in holding that the proviso to section 143(2)(ii) is also applicable in the case where return was filed in compliance with the notice under section 148. (II) Whether the learned Income-tax Appellate Tribunal was justified in holding that the assessments completed under section 143(3)/147 read with section 148 are not valid when the ratio of Nawal Kishor & Sons Jeweller v. Dy. CIT, Central Circle VI, Kanpur by the ITAT (Special Bench) Lucknow Camp at New Delhi clearly held that non-issuance of notice under section 143(3) is not a nullity but is an irregularity." 3. Heard Shri D.D. Chopra learned Senior Standing Counsel for revenue. No one appears on behalf of the assess....

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....ads as follows: "Issue of notice where income has escaped assessment.-(1) Before making the assessment, reassessment or recomputation under section 147, the Assessing Officer shall serve on the assessee a notice requiring him to furnish within such period, as may be specified in the notice, a return of his income or the income of any other person in respect of which he is assessable under this Act during the previous year corresponding to the relevant assessment year, in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed; and the provisions of this Act shall, so far as may be, apply accordingly as if such return were a return required to be furnished under section....