Section 143(2) notice on very same day of filing return shows Non-application of mind by AO

Ajay Sharma Vs DCIT (ITAT Delhi)

It is not in dispute that search was conducted in the case of the assessee and others on 11^th October, 2010, therefore, the assessment year under appeal i.e., A.Y. 2011-­2012 is the year of search. It is not in dispute that assessee filed return of income on 14t^h March, 2013 and on the same day, notice under section 143(2) have been issued. This fact is mentioned in the assessment order. The assessee also filed copy of the notice under section 143(2) and copy of the order sheet on record, which also supports the same fact that notice under section 143(2) have been issued on the date of filing of the return of income itself.

Learned D.R. referred to page-22 of the Ld. CIT(A) Order. The A.O. in the assessment order has mentioned that notice under section 142(1) have been issued on 18^th September, 2012. The Ld. CIT(A) noted in para 6.4 of the appellate order, as referred to by the Ld. D.R. that this notice issued under section 142(1) on 18^th September, 2012 was received un-served. Another notice under section 142(1) with questionnaire is issued on 14^th December, 2012 for compliance on 3^rd January, 2013 but, there were no compliance. Summons under section 131 and show cause notice under section 276CC was issued on 6^th June, 2012 but, there was no compliance. The A.O. as well as the Ld. CIT(A) have nowhere mentioned in the impugned orders, if any of the above notices have been served upon the assessee ? Therefore, there is no question of any non-compliance or non cooperation on the part of the assessee as is contended by the Ld. D.R. The contention of the Ld. D.R. is, therefore, rejected. It, therefore, stands established that the A.O. issued notice under section 143(2) on the same day when the return of income was filed by the assessee. Thus, there was no application of mind on the part of the A.O. The entire assessment proceedings are vitiated and are bad in the eye of Law.

FULL TEXT OF THE ITAT JUDGEMENT

This appeal by assessee has been directed against the order of Ld. CIT(A), Ghaziabad, Dated 31st March, 2015 for the A.Y. 2011-2012.

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