2019 (3) TMI 1923

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....Act') dated 18.03.2014 framed by ITO 2(1), Indore. 2. The assessee has raised following grounds of appeal; "(1) That the Ld. AO erred on facts of the case and ignored the proviso to clause (ii) of section 143(2) requiring him to issue notice u/s 143(2) within the period of six months from the end of financial year in which the return is furnished. Such action of AO of non issuing of notice u/s 143(2) which has been overlooked by Ld. CIT(A) is totally wrong under the facts of the case. (2) That the Ld CIT(A) erred on facts of the case and confirmed the reopening of case u/s 147/148. This action of AO and further confirmed by CIT(A) is totally wrong, arbitrary and illegal under the facts of the case. (3) That the....

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....assessee earned income from salary and contract work and filed its income tax return for Assessment Year 2006-07 on 23.03.2007 declaring income of Rs. 4,22,360/- . Subsequently reassessment proceedings were initiated by issuance of notice u/s 148 of the Act dated 21.5.2012 along with issuance of notice u/s 142(1) of the Act which were duly served and after conducting the reassessment proceedings addition of Rs. 15,00,000/- was made assessing income at Rs. 19,22,360/-. Revenue has not controverted this fact that the Ld. A.O failed to issue the notice u/s 143(2) of the Act before commencing the assessment proceedings u/s 143(3) r.w.s. 147 of the Act. 7. Now the question before us is whether the impugned order can be held to be invalid....