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Income Tax

Scrutiny Assessment Set Aside Due to Invalid 143(2) Notice

Case Law Details

Case Name
Riddhiman Realcon LLP (formerly Riddhiman Realcon Pvt. Ltd.) Vs ITO (ITAT Kolkata)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2012-13
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Riddhiman Realcon LLP (formerly Riddhiman Realcon Pvt. Ltd.) Vs ITO (ITAT Kolkata) Kolkata ITAT  quashed the assessment framed u/s 143(3) on the ground that no notice u/s 143(2) was issued by the jurisdictional Assessing Officer. The Tribunal noted that although a notice u/s 143(2) had been issued by ITO Ward 41(2), Kolkata, the assessee objected to jurisdiction and the case was subsequently transferred to ITO Ward 9(3), Kolkata, who framed the assessment without issuing a fresh notice u/s 143(2). Holding that issuance of notice u/s 143(2) by the AO who completes the assessment is mandatory a...
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Author Info

CA RAJESH KUMAR
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangaluru, Karnataka
Articles Published: 41

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