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Scrutiny Assessment Set Aside Due to Invalid 143(2) Notice
Case Law Details
- Case Name
- Riddhiman Realcon LLP (formerly Riddhiman Realcon Pvt. Ltd.) Vs ITO (ITAT Kolkata)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2012-13
- Courts
- All ITAT, ITAT Kolkata
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Riddhiman Realcon LLP (formerly Riddhiman Realcon Pvt. Ltd.) Vs ITO (ITAT Kolkata)
Kolkata ITAT quashed the assessment framed u/s 143(3) on the ground that no notice u/s 143(2) was issued by the jurisdictional Assessing Officer.
The Tribunal noted that although a notice u/s 143(2) had been issued by ITO Ward 41(2), Kolkata, the assessee objected to jurisdiction and the case was subsequently transferred to ITO Ward 9(3), Kolkata, who framed the assessment without issuing a fresh notice u/s 143(2). Holding that issuance of notice u/s 143(2) by the AO who completes the assessment is mandatory a...






