PCIT-2 Vs Yeshoda Electricals (Karnataka High Court)
Karnataka High Court held that notice under section 148 of the Income Tax Act issued and served without signature of the Assessing Officer is a foundational defect and the same cannot be ignored. Accordingly, assessment order passed thereon is invalid.
Facts- Revenue has preferred the present writ petition mainly contesting that Tribunal erred in quashing re-assessment order by holding that notice issued is unsigned when same is curable under section 292B of the Income Tax Act which provides for cure of any mistake, defect or omission in such notice.
Conclusion- Held that the Tribunal, after noticing the undisputed fact that the notice under Section 148 of the Act was issued and served without the signature of the Assessing Officer, observed that the Assessee raised objections at the earliest opportunity, which was the very next date. The Assessing Officer, however, proceeded to complete the assessment without considering the Assessee’s objections. As rightly held by the Tribunal, a notice under Section 148 of the Act being a jurisdictional notice, any foundational defect cannot be ignored. In view of the above, the Tribunal was justified in invalidating the assessment order.
FULL TEXT OF THE JUDGMENT/ORDER OF KARNATAKA HIGH COURT
