INCOME TAX ACT, 1961

Section 143(2)

Search and seizure - Assessment - Notice under section 143(2) - Whether issuance of notice under section 143(2) is necessary for completing assessment under section 153A

Assessee preferred an appeal contending that notice under section 143(2) was not issued within the stipulated period of six months before completing the assessment under section 153A read with section 143(3). Revenue submitted that the first notice under section 143(2) was issued in time. Held: It is well settled that non-issuance of notice under section 143(2) is not a requirement for completing assessment under section 153A. However, in view of the fact that first notice under section 143(2) was issued within the stipulated period and assessee also evinced interest in keeping the issue alive to be taken up before the higher forums rather than extensively arguing before the Tribunal, the said issue was decided against the assessee without going further deep into it.

REFERRED : Pr. CIT Delhi-18 v. M/s. N.S. Software (Firm) (2018) 403 ITR 259 (Del): 2018 TaxPub(DT) 2127 (Del-HC), Ashok Chaddha v. ITO (2011) 337 ITR 399 (Delhi): 2012 TaxPub(DT) 248 (Del-HC), Smt Sumanlata Bansal v. Asstt. CIT Central Circle-8, Mumbai in (ITA Nos. 525 to 530/Mum/2008, dt. 20-5-2015)

FAVOUR : Against the assessee.

A.Y. :

INCOME TAX ACT, 1961

Section 250(6)

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