Reassessment-Section 143(2) notice issued without confronting assessee with remand report is invalid

Castleton Capital Ltd Vs ACIT (ITAT Delhi)

It was an admitted fact that assessee filed reply in response to notice under section 148 on 26-11-2013 and AO on the very same day served notice under section 143(2) upon assessee, whose signatures tally on the said notice without confronting the assessee with the remand report and the evidence produced by the AO before the Ld. CIT(A). Therefore, notice issued under section 143(2) was invalid and resultantly, the reassessment proceedings were vitiated and the same were quashed.

FULL TEXT OF THE ITAT JUDGEMENT

Assessee has filed this appeal against the impugned order dated 03.05.2017 passed by Ld. CIT(A)-33, New Delhi on the following grounds:-

1. That the initiation of the proceedings u/s.148 on the basis of search material found and seized from third party are contrary to law and procedure prescribed under the Act due to non-obstante provisions in S.153C for search cases and the Ld. CIT(A) has erred in confirming action u/s.148.

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