Surya Agro Products Pvt. Ltd Vs ITO (ITAT Kolkata)
Assessment without valid notice u/s 143(2) by the jurisdictional AO is void
No Fresh 143(2) by Jurisdictional AO? Entire Assessment Null & Void – Share Capital Addition of ₹2.91 Cr. Deleted- ITAT Kolkata
Assessee filed its return on 30.09.2012 declaring income of ₹1,09,605. The case was picked for scrutiny to examine share premium of ₹2.91 crore. Notice u/s 143(2) was issued by ITO Ward 10(2), Kolkata. Subsequently, jurisdiction was transferred on 05.01.2015 to ITO Ward 9(4), who completed assessment u/s 143(3) without issuing any fresh notice u/s 143(2). Addition of ₹2.91 crore was made u/s 68. On appeal, CIT(A) dismissed the case on merits.
Before Tribunal, Assessee contended that the assessment itself is void as no valid 143(2) notice was issued by the jurisdictional AO. Reliance was placed on ITAT Kolkata in ARS Financial Consultants Pvt. Ltd. Vs ITO (ITA 816/KOL/2024, order dated 28.08.2025) & Calcutta HC in PCIT Vs Raghvendra Mohta (ITAT/51/2025, judgment dated 05.05.2025).
Tribunal observed that issuance of notice u/s 143(2) by jurisdictional AO is mandatory. Since Ward 9(4) framed assessment without such notice, it lacked jurisdiction. Following binding precedents, the assessment was held invalid & quashed.
Assessment completed without valid 143(2) notice by jurisdictional AO is a nullity. Appeal allowed in favour of Assessee.
