Assessment Quashed for Non-issuance of 143(2) Notice on Return Filed u/s 148

Rishi Anand Vs ITO (ITAT Kolkata)

Assessment Quashed for Non-issuance of 143(2) Notice on Return Filed u/s 148 ITAT Kolkata

Background

Assessee did not file return of income u/s 139(1). Later, a notice u/s 148 was issued on 26.03.2022 after passing order u/s 148A(d), stating that income had escaped assessment. In response, Assessee filed a return on 13.03.2023, declaring income of ₹19.17 lakh.

AO, however, treated this return as non-est since it was filed beyond the prescribed time limit. Despite this, AO proceeded to assess the income at ₹97.08 lak

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