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Delay in service of notice U/s. 143(2) invalidates Scrutiny assessment
Case Law Details
- Case Name
- Pr. CIT Vs. National Informatics Centre Services Inc. (Delhi High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Delhi High Court
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Pr. CIT Vs. National Informatics Center Services Inc. (Delhi High Court)
Date of filing of the return of income is 25-09-2009. Therefore, the notice served on the taxpayer u/s 143(2) on 26-08-2011 is beyond the period of six months from the end of the financial year in which the return was furnished. Therefore, the notice issued by the assessing officer u/s 143(2) is invalid. Hence, it cannot be acted upon. Consequently, the assessment order passed by the assessing officer cannot stand in the eyes of law. Therefore, the same is quashed.
FULL TEXT OF THE HIGH COURT JUDGMENT / ORDER IS AS FOLLOW...
