2016 (7) TMI 703 - HC - Income Tax

Assessment u/s 153A - Mandatory requirement of issuance of notice under section 143(2) of the Act in respect of assessment proceedings under section 153A - Held that - The question is no longer res integra as the Delhi High Court in Ashok Chaddha s case (2011 (7) TMI 252 - Delhi High Court ) delving into identical matter had opined in the negative holding that there was no specific provision in the Act requiring the assessment made under section 153A of the Act to be after issuance of notice under section 143(2) of the Act - Decided against assessee

Summary

Issues:
1. Application under section 5 of the Limitation Act, 1963 for condonation of delay.
2. Appeal under section 260A of the Income-tax Act, 1961 against an order of the Income-tax Appellate Tribunal.
3. Interpretation of the mandatory requirement of issuance of notice under section 143(2) in respect of assessment proceedings under section 153A of the Income-tax Act.

Analysis:
1. The judgment begins with an application under section 5 of the Limitation Act, 1963 for condonation of a delay of 164 days in filing an appeal. The delay was condoned after considering the reasons provided in the application and hearing both parties' counsels. The application was disposed of accordingly.

2. The appeal under section 260A of the Income-tax Act was filed against an order of the Income-tax Appellate Tribunal regarding block assessment for the assessment year 2004-05. The appellant, engaged in real estate business, challenged additions made by the Assessing Officer. The Commissioner of Income-tax (Appeals) partly allowed the appeal, leading to the appellant filing an appeal before the Tribunal. The Tribunal dismissed the appeal, prompting the appellant to approach the High Court.

3. The main issue in the appeal was the mandatory requirement of issuing a notice under section 143(2) of the Income-tax Act in the context of assessment proceedings under section 153A. The appellant argued that the Assessing Officer lacked jurisdiction due to a delay in issuing the notice. The High Court analyzed relevant judgments and held that no specific provision mandated the issuance of notice under section 143(2) for assessments under section 153A. The court cited precedents and concluded that the notice issued under section 153A sufficed, and additional notice under section 143(2) was not mandatory. The court dismissed the appeal, stating that no substantial question of law arose from the settled legal position.

Overall, the judgment dealt with procedural aspects of condonation of delay, challenges to block assessments, and the interpretation of statutory provisions regarding the issuance of notices under different sections of the Income-tax Act.