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Section 292BB Can’t Cure Missing 143(2) Notice: ITAT Hyderabad
Case Law Details
- Case Name
- Komma Reddy Satyanarayan Reddy Vs ITO (ITAT Hyderabad)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2017-18
- Courts
- All ITAT, ITAT Hyderabad
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Komma Reddy Satyanarayan Reddy Vs ITO (ITAT Hyderabad)
Belated Return Still a Return-292BB Can’t Cure Total Absence of 143(2): Assessment Void
The Hyderabad ITAT allowed the Assessee’s appeal and quashed the ex-parte assessment framed u/s 144, holding that non-issuance of notice u/s 143(2) is a fatal jurisdictional defect. Although the Assessee had filed the return belatedly on 13-10-2019, it was filed during the pendency of assessment proceedings pursuant to notice u/s 142(1) and therefore constituted a valid return in the eyes of law.
Once a return is filed—whether original or belatedâ...


