Advertisement
Advertisement
Skip to content
Follow Us on
Advertisement
TOP STORIES
Income Tax

Assessment Under Section 147/144 Struck Down for Not Issuing Section 143(2) Despite Valid Return

Case Law Details

TaxGuru Citation
2025 taxguru.in 12433
Case Name
Shri Radha Krishan Mandir Trust Vs ITO (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2017-18
Advertisement

Shri Radha Krishan Mandir Trust Vs ITO (ITAT Delhi)

Reassessment Quashed—Return Filed u/s 148 Held Valid; Absence of Mandatory s.143(2) Notice Makes Entire 147/144 Order Void

Assessment was completed u/s 144 r.w.s 147 on 26.12.2019 by adding ₹51,80,801 u/s 69A. Trust filed return on 30.04.2022 in response to notice u/s 148 dated 29.03.2022, with just 2 days’ delay (even that delay disappears if date of receipt is considered). AO treated this return as invalid, and completed reassessment without issuing notice u/s 143(2). CIT(A) upheld the addition.

Before ITAT, Trust argued that—

  • Return filed in response to 148 cannot be treated as invalid,
  • s.143(2) notice is mandatory,
  • Absence of such notice renders assessment invalid.

Tribunal examined para 4 of assessment order & noted that AO wrongly treated ROI as invalid, even though it appeared as valid on the e-filing portal.

Tribunal relied on Delhi HC in Dart Infrabuild (118 CCH 174) holding that:

  • s.143(2) notice is mandatory even for belated return filed in response to 148;
  • Non-issuance is not curable under s.292BB.

Tribunal also followed its own orders in Artistic Finance Pvt Ltd (05.05.2025) and Reena Mittal (04.06.2025) and several Delhi HC rulings—Jai Shiv Shankar Traders, Delhi Kalyan Samiti, Shaily Juneja, Primary Real Estate Investments—all quashing 147 reassessments for want of s.143(2).

Paid content

Become a Premium Member, or log in if you are already a Premium member.

Advertisement

Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,912

Join TaxGuru's Network for the latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.