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Issue & service of notice u/s 143(2) not applicable to assessment u/s 153A

Case Law Details

Case Name
Shri Jeevan Kumar Agarwal Vs. ACIT (ITAT Lucknow)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2001-02, 2002-03 & 2005-06
Advertisement Brief of the Case ITAT Lucknow held In the case of Shri Jeevan Kumar Agarwal vs. ACIT that there is no specific provision in the Act requiring the assessment made under section 153A to be after issue of notice under section 143(2). In the case of Ashok Chaddha vs. CIT [2011] 337 ITR 399, Hon’ble Delhi High Court held that a specific notice was required to be issued under Clause (a) of sub-section (1) of Section 153A calling upon the persons searched or requisitioned to file return. That being so, no further notice under Section 143(2) could be contemplated for assessment...
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