Satish Kumar v. ITO

INCOME TAX ACT, 1961

--Reassessment --Non-issuance of notice under section 143(2)Validity of reassessment proceedings --Assessee filed the return of income declaring certain income. Later on, the AO reopened the case under section 148 for the reason that the assessee had received certain amount through cheque which had escaped assessment. Consequently, AO framed the assessment by making the addition of aforesaid receipt. The CIT(A) upheld the order of AO. Held: In the instant case, it was an admitted fact that the AO did not issue any notice under section 143(2). Therefore, the assessment could not be sustained for lack of service of statutory notice under section 143(2).

Income Tax Act, 1961, Section 148

Follwed:ACIT v. Hotel Blue Moon (2010) 321 ITR 362 (SC)

REFERRED : Raj Kumar Chawala v. ITO (2005) 94 ITD 1 (Del)(SB), CIT v. Cebon India Ltd. (2010) 229 CTR (P&H) 188, CIT v. Silver Streak Trading P. Ltd. (2010) 326 ITR 418 (Del), CIT v. Rajeev Sharma (2011) 336 ITR 678 (All), ACIT v. Hotel Blue Moon (2010) 321 ITR 362 (SC), CIT v. Adarsh Travel Bus Services (2012) 204 Taxman (All), GKN driveshaft (2003) 259 ITR 19 (SC), Aligarh Auto (2013) 83 DTR 418 (Agra-Trib.) and CIT v. Rajeev Sharma (2011) 336 ITR 678 (All)

FAVOUR : In assessee's favour

A.Y. :

IN THE ITAT, DELHI BENCH

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