CIT International Taxation-1 Vs Oracle Systems Corporation (Delhi High Court)
Delhi High Court held that non-issuance of notice under section 143(2) of the Income Tax Act is in grave contradiction to section 292BB of the Income Tax Act. Accordingly, revenue appeal dismissed.
Facts- Revenue has preferred the present appeal. Revenue has contented the ITAT erred quashing the assessment proceedings, without appreciating the fact that the assessee fully cooperated throughout the assessment proceedings and in simply stating that there is no valid issuance and service of notice U/s 143(2) of the Act, which is in grave contradiction to Section 292BB of the Income Tax Act, 1961.
Conclusion- Held that in the present case, no notice under Section 143(2) of the Act had been issued and, therefore, the question of notice being deemed to be considered as a valid notice under Section 292BB of the Act does not arise. Accordingly, the present appeal dismissed.
FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT
1. For the reasons stated in these applications, the delay in filing the present appeals is condoned.
2. The applications are, accordingly, allowed and are disposed of.
ITA 414/2024, ITA 416/2024, ITA 418/2024 & ITA 424/2024
3. The Revenue has filed the present appeals impugning a common order dated 26.09.2022 passed by the learned Income Tax Appellate Tribunal (hereafter the Tribunal) in ITA. No. 1829/Del/2009 in respect of the assessment year (AY) 1997-98; ITA No. 1830/Del/2009 in respect of the AY 1998-99; ITA No. 1831/Del/2009 in respect of the AY 1999-2000; and ITA No. 1832/Del/2009 in respect of the AY 2000-01.
