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Reassessment without issuance of mandatory notice u/s 143(2) was invalid
Case Law Details
- Case Name
- ACIT Vs M/s. Sukhamani Cotton Industries (ITAT Indore)
- 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 Indore
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ACIT Vs M/s. Sukhamani Cotton Industries (ITAT Indore)
Conclusion: Reassessment order passed u/s 147 r.w.s 143(3) by issuing notice under section 148 but without issuance of notice u/s 143(2) was invalid and void ab initio and thus liable to be quashed.
Held: AO reopened assessment by issuance of notice u/s 148 on the basis of information received from DCIT investigation Mumbai for the alleged bogus purchases. Immediately, after issuance of notice u/s 148 and recording reasons the assessment proceedings u/s 143(3) r.w.s 148 were initiated and subsequently completed after mak...
