Brief of the Case
Punjab & Haryana High Court held In the case of Subhash Chander vs. CIT that it is open for the AO to complete assessment either u/s 144 or u/s 143(3), in case compliance of notice has not been done by the assessee.
Facts of the Case
In this case, the assessment order was made u/s 143(3) on the assessee for not replying the notice issued u/s 142. It was contended by the assessee that it should be issued u/s 144 instead of u/s 143(3) and accordingly it is not valid in law. It was also submitted that the assessee was not served with the necessary documents.
Contention of the Assessee
The ld counsel of the assessee raised below questions:
- Whether, the Tribunal was justified in holding that the assessment framed u/s 143(3) of the Act is valid in law, as admittedly appellant has not complied with the notices issued u/s 142(1) (a) and 142 (1)(b) of the Act, as such assessment should have been framed u/s 144 as against section 143(3) of the Income Tax Act, 1961?
- Whether the Tribunal was justified in law in upholding the order of assessment framed under section 143(3) of the Act by taking recourse of section 292B of the Act?
Contention of the Revenue
The ld counsel of the revenue submitted that the assessee has not produced certain documents in reply to notice u/s 142(1).
Held by CIT (A)
