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Reassessment without issuance of notice U/s 143(2) is invalid
Case Law Details
- Case Name
- Mehta Emporium Jewellers Vs ITO (ITAT Mumbai)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2011-12
- Courts
- All ITAT, ITAT Mumbai
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Mehta Emporium Jewellers Vs ITO (ITAT Mumbai)
Conclusion: Reassessment order passed by AO without issuing notice under section 143(2) was invalid as it is mandatory obligation of AO to serve notice by assigning reasons therein with regard to his belief of escaped tax liability before making reassessment of any escaped income.
Held: In the instant case, AO had passed reassessment order under section 148 without issuing notice under section 143(2) to assessee. It was held notice under Section 143(2) was mandatory and in the absence of such service, AO could not proceed to make an inquiry on the ...
