Goal Oriented Trade Link Pvt. Ltd. Vs ITO (ITAT Kolkata)
Reassessment Quashed – Notice u/s 143(2) Mandatory Even in 147 Proceedings – Return Filed Within TOLA Extended Time Valid – ITAT Kolkata
ITAT Kolkata quashed reassessment framed u/s 147 r.w.s.144 holding that issuance of notice u/s 143(2) is mandatory once return is filed in response to notice u/s 148. Tribunal observed that assessee’s return, though beyond 30 days mentioned in notice u/s 148, was filed within extended timeline granted under TOLA during Covid period and therefore was a valid return. AO’s failure to issue notice u/s 143(2) before completing reassessment rendered entire proceedings void ab initio. Relying on Hotel Blue Moon (SC), Oberoi Hotels (Cal HC) & Jai Shiv Shankar Traders (Del HC), ITAT held that absence of statutory notice is jurisdictional defect not curable u/s 292BB and consequently annulled reassessment along with additions u/s 69 & 14A. Appeal allowed in favour of assessee.
FULL TEXT OF THE ORDER OF ITAT KOLKATA
The present appeal filed by the assessee arises from order dated 16.09.2025passed u/s 250 of the Income Tax Act, 1961 (hereafter referred to as “the Act”) by the Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [hereafter referred to as “the Ld.CIT(A)].
