Agrico Organics Ltd. Vs DCIT (ITAT Delhi)
Reassessment Quashed for Non-Issuance of Timely Notice u/s 143(2) – ITAT Delhi
The Delhi Bench of the ITAT allowed the assessee’s appeal for AY 2011-12 and quashed the reassessment proceedings on the ground that the mandatory notice under section 143(2) was not issued within the prescribed time. Although the assessee, in response to notice under section 148, requested that the original return be treated as filed in response, the Assessing Officer failed to issue a valid notice under section 143(2) within six months from the end of the financial year in which such return was deemed to be furnished.
The Tribunal relied on information obtained by the assessee under the RTI Act, which established that the notice under section 143(2) was issued only on 26.10.2018, whereas the statutory deadline was 30.09.2018. The assessment order itself did not mention the date of issuance of notice under section 143(2), and the sequence of notices showed that a notice under section 142(1) was issued prior to the belated 143(2) notice.
Since issuance of a valid and timely notice under section 143(2) is a jurisdictional requirement, the failure to comply rendered the reassessment void ab initio. Accordingly, the ITAT quashed the reassessment order and allowed the assessee’s appeal
FULL TEXT OF THE ORDER OF ITAT DELHI
