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Jurisdiction Defect: ITAT Voids Entire Assessment Where 143(2) Notice Ignored CBDT Mandatory Instructions
Case Law Details
- Case Name
- Sunil Singh Vs ITO (ITAT Kolkata)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2018-19
- Courts
- All ITAT, ITAT Kolkata
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Sunil Singh Vs ITO (ITAT Kolkata)
Notice Missing ‘Limited or Complete Scrutiny’ Label? Entire Assessment Becomes Void Invalid 143(2) Notice = No
This appeal deals with a crucial jurisdictional defect that strikes at the very root of the assessment – the validity of the notice issued under Section 143(2).
Assessee’s appeal reached the ITAT with a delay of 288 days, but the delay was supported by an affidavit explaining genuine reasons, & even the Department did not object. Tribunal, guided by the principle that matters must be decided on merit rather than technicality, condon...




