Case Law Details
In absence of any notice issued under section 143(2) after receipt of fresh return submitted by the assessee in response to notice under Section 148, the entire procedure adopted for escaped assessment, shall not be valid When the Statute provides for a particular procedure, the authority has to follow the same and cannot be permitted to act in contravention of the same.
CASE LAWS DETAILS
DECIDED BY: HIGH COURT OF ALLAHABAD, IN THE CASE OF: CIT Vs. Rajeev Sharma, APPEAL NO: ITA No. 19 of 2004, DECIDED ON May 24, 2010
RELEVANT PARAGRAPH
The assessee respondent, filed original return dated 12.3.1996, declaring total income of Rs.3,04,200.00. During the course of assessment proceedings of the year 1996-97, it came to light that the assessee acquired gift for total amount of Rs.12,51,000.00, in the name of his minor son from one Shri Abdul Hasan Hanif of Lucknow through his NRE Account.
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This judgements is not applicable in present scenario due to amendments carried out in IT Act 1961 for A.Y 2000-01 and afterwards. Now there is no such requirement for issuing notice u/s 143(2) for opening case u/s 148.