Case Law Details
Classic Display Systems Pvt Ltd Vs ITO (ITAT Delhi)
Classic Display Systems Pvt Ltd filed an appeal against the order of the CIT(A) in relation to the assessment year 2004-05. The main issue in the appeal was the validity of the reassessment order, as the AO failed to issue a notice u/s 143(2) of the Income Tax Act.
The ld counsel of the assessee argued that the AO did not issue the notice u/s 143(2) even after the assessee informed the AO about the return filed in response to the notice u/s 148. The ld Sr. DR, on the other hand, contended that such defects are curable under section 292BB of the Act.
After considering the submissions and relying on the judgment of the Hon’ble High Court, the ITAT Delhi held that the failure of the AO to issue notice u/s 143(2) before finalizing the reassessment order invalidated the entire reassessment proceedings. Therefore, the ITAT quashed the reassessment order.
FULL TEXT OF THE ORDER OF ITAT DELHI
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