2025 (9) TMI 1236

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....h is based on the invalid notice issued u/s 143(2) of the Act which is not in accordance with Act thereby, rendering the assessment framed to be invalid and nullity. 03. The facts in brief are that the assessee filed the return of income on 30.09.2012, declaring total income at Rs.1,09,605/-. Thereafter the case of the assessee was selected for scrutiny under CASS, to examine the large share premium received and notice u/s 143(2) and 142(1) of the Act along with questionnaire were duly issued and served upon the assessee which were complied with by the assessee. The assessee received the share capital to the tune of Rs.2,91,15,000/- during the instant financial year. The assessee filed all the evidences and details in respect of share subs....

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....der dated 28.08.2025. Further, ld. Counsel for the assessee also relied on the decision of Hon'ble High jurisdictional Court in case of PCIT Vs. Raghvendra Mohta, in ITAT/51/2025, IA No. GA/1/2025, GA/2/2025 vide order dated 5th May, 2025. The ld. Counsel for the assessee that the assessment has been framed by the ITO Ward 9(4) Kolkata, without jurisdiction and may be quashed. 05. The ld. DR on the other hand submitted that there is no need to issue any fresh notice after the notice has been issued u/s 143(2) of the Act by the earlier AO. The ld. DR heavily relied on the order of the ld. lower authorities and submitted that the issue raised by the assessee may kindly be dismissed. The ld. DR has also filed a detailed submission dated 0....

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....under CIT -II/Kol and accordingly, requested the commissioner to migrate the PAN in proper jurisdiction. The notice u/s 142(1) dated 10.02.2015, was issued by ITO Ward 4(3), Kolkata calling upon the assessee to furnish the various details and information which were accordingly, submitted also before the ld. AO and the assessment was accordingly framed by ITO Ward 4(3) Kolkata. Thus, we note that the ITO, Ward 4(3), Kolkata has not issued the jurisdictional notice u/s 143(2) of the Act which is a serious lapse on the part of the AO which goes to the root of the matter rendering the assessment framed u/s 143(3) of the Act by the ld. AO to be nullity and invalid in the eyes of law. The case of the assessee s squarely covered by the following d....

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....ce under section 143(2) was issued on 10.9.2015 and notice undersection 142(1) dated 13.6.2016 was issued along with the questionnaire. The assessee contended that the notices were without jurisdiction and relied upon section 120 of the Act. In this regard, the assessee referred to the notification issued by the CBDT in Instruction No.1 of 2011. The learned Tribunal took into consideration the facts of the case and found that the assessment has been framed by the Assessing Officer, who inherently lacks jurisdiction to do so. The learned Tribunal took note of the decision of a Co-ordinate Bench of the learned Tribunal in the case of Bhagyalaxmi Conclave (P) Ltd. vs. DCIT dated 3.2.2021.Apart from other decisions and allowed the assessee&#3....