2015 (3) TMI 15 - HC - Income Tax

Validity of assessment - no notice was issued u/s.143(2) of the IT Act during the course of assessment proceedings - whether ITAT was right in law in upholding the assessment order passed by the Assessing Officer for A.Y. 1998-99 as in sum and substances u/s.144 of the IT Act, 1961? - Held that - Assessing Officer has to necessarily follow the provisions of section 142 and sub-sections (2) and (3) of section 143. See Assistant Commissioner of Income-tax vs. Hotel Blue Moon 2010 (2) TMI 1 - SUPREME COURT OF INDIA . In the instant case, we notice that both CIT(Appeals) and the Tribunal have held that the procedure prescribed for issuance of notice under section 143(2) has not been followed at all. - Decided in favour of assessee.

Summary

Issues:
Challenge to the impugned order of the Income Tax Appellate Tribunal for the Assessment Year 1998-99 regarding the validity of the assessment and notice under section 143(2) of the IT Act.

Detailed Analysis:

Issue A: Validity of Assessment and Notice under Section 143(2)
The appellant challenged the assessment order by the Assessing Officer, alleging escapement of income due to transactions outside the books of accounts. The CIT(A) and ITAT confirmed the assessment's validity. The High Court referred to a previous decision and emphasized the mandatory nature of the notice under section 143(2) within the prescribed time limit. The Court highlighted that failure to comply with this requirement invalidates the entire proceeding. The Court cited the Apex Court's ruling that strict adherence to the provisions of section 142 and subsections (2) and (3) of section 143 is necessary. Both the CIT(A) and ITAT found that the notice under section 143(2) was not issued as required. Consequently, the Court dismissed the Tax Appeals, favoring the assessee due to the absence of the mandatory notice, as per the previous decision and Apex Court's stance.

Conclusion:
The High Court ruled in favor of the assessee, emphasizing the mandatory nature of the notice under section 143(2) for a valid assessment. The Court dismissed the Tax Appeals due to the non-compliance with this essential requirement, aligning with previous decisions and the Apex Court's interpretation of the relevant provisions. The impugned judgment and order of the ITAT were modified accordingly, allowing the Tax Appeal to the extent mentioned.