Avian Remedies Ltd Vs ITO (ITAT Delhi)
Delhi ITAT Quashes Assessment for Invalid Section 143(2) Notice Issued by Officer Lacking Jurisdiction
The Delhi ITAT quashed the assessment after holding that the mandatory notice under section 143(2) had been issued by an officer who lacked jurisdiction over the assessee. The Tribunal noted that under CBDT Instruction No. 1/2011, in metro cities, corporate returns declaring income up to ₹30 lakh fall within the jurisdiction of the Income Tax Officer (ITO). However, in the present case, the notice under section 143(2) had been issued by the ACIT, Circle-3(2), Delhi, despite the assessee having filed a nil income return.
The Revenue failed to rebut this factual position before the Tribunal. Since a valid notice under section 143(2) is a jurisdictional requirement for framing an assessment, the Tribunal held that the assessment suffered from a fundamental legal defect.
Accordingly, the Tribunal quashed the assessment as being unsustainable in law for want of a valid notice under section 143(2). Having allowed the appeal on this legal ground, it held that all issues on the merits had become academic. The assessee’s appeal was allowed.
FULL TEXT OF THE ORDER OF ITAT DELHI
This assessee’s appeal for assessment year 2017-18, arises against the Ld. CIT(Appeals)/National Faceless Appeal Centre, New Delhi’s order in DIN & Order No. ITBA/NFAC/S/250/2025-26/1088175145(1), dated 31.03.2026 involving proceedings under section 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).
Heard both the parties. Case filed perused.
2. Coming to first and foremost legal issue between the parties herein, a perusal of the case file indicates that the assessee had filed its return of income on 07.11.2020 declaring “NIL” income. Learned counsel next invites the tribunal’s attention to CBDT’s landmark instruction No.1/2011 that in “metro” cities, the ITOs have jurisdiction to assess a corporate return declaring income upto of Rs.30 lakhs, whereas, it was the ACIT, Circle-3(2), Delhi, who issued section 143(2) notice dated 21.09.2018 in its case (pages 26 to 27). This clinching factual position has gone unrebutted from the Revenue side.
3. Faced with this situation, the tribunal is of the considered view that the impugned assessment framed in the assessee’s hands dated 17.12.2019 by the learned ITO, Ward-3(4), Delhi is not sustainable in law for want of a a proper/valid section 143(2) notice. The same stands quashed in very terms. All other remaining pleadings between the parties on merits stands rendered academic.
4. The assessee’s appeal is allowed.
Order pronounced in the open court on 7th July, 2026.
