INCOME TAX ACT, 1961

Section 143(2)

Assessment - Notice under section 143(2) - Assessee pleading non-issuance of notice pursuant to second revised return - Original return not treated as non est

Assessee filed return of income on 28-9-2010 disclosing a total income of Rs. 54,96,04,630. The first revised return was filed on 10-1-2012 and second revised return filed on 28-2-2012. AO issued notice under section 143(2), dated 26-8-2011 which was duly served on assessee on 3-9-2011. This notice under section 143(2) was served within time contemplated under section 143(2) and there was no dispute on this aspect. The grievance projected by the assessee was that since assessee had filed a second revised return on 28-2-2012, AO ought to have issued notice under section 143(2) on this revised return of income and failure to do so rendered order of assessment invalid.Held: AO assumed valid jurisdiction by issue of proper notice under section 143(2) within time contemplated by law. The original return under section 139(1) had not been treated as non est and revised return was only for the purpose of certain errors and mistakes in original return. In such circumstances, there was no requirement of law to issue a notice under section 143(2) with reference to revised return.

REFERRED :

FAVOUR : Against the assessee.

A.Y. : 2010-11

INCOME TAX ACT, 1961

Section 4

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