Non-issuance of notice u/s. 143(2) prior to finalizing re-assessment vitiates entire proceeding: ITAT Chennai

Netherlands Operating Company B.V. RMZ Millenia Vs ACIT (ITAT Chennai) ITAT Chennai held that failure to issue notice u/s. 143(2) of the Income Tax Act after issuing notice u/s. 147 and prior to finalizing the re-assessment vitiated the entire proceedings. Accordingly, order quashed. Facts- The assessee company had filed its return of income (RoI) for AY 2010-11 on 19.09.2010 declaring total income of Rs.6,58,20,854/-. The AO issued notice u/s.148 of the Act on 31.03.2017 conveying his desire to re-open the assessment of the assessee and directed the assessee to file RoI. AO proceeded with the...