Assessment with notice u/s 143(2) prior to filing of return of income is invalid

Pr. CIT Vs Marck Biosciences Ltd. (Gujarat High Court) Conclusion: Notice under section 143(2) was issued prior to the filing of the return of income which was invalid and the assessment order passed would also be invalid. Held: AO had recorded reasons for reopening the assessment on 20.07.2010 and issued notice under section 148 on 04.10.2010 seeking to reopen the assessment of assessee for assessment year 2005-06. In response to the notice under section 148, assessee had asked AO to consider the earlier return of income filed by it as the return filed in response to the notice. Notice under...