2020 (11) TMI 861 - AT - Income Tax

Assessment made without issuing statutory notice u/s. 143(2) - HELD THAT - The parties were directed to address their arguments whether a remand back to the ld. CIT(A) would satisfy the grievance as admittedly the fact whether notice u/s. 143(2) was issued or not needs to be verified. Its mere existence on the file cannot be said to meet the legal requirements which position stands well settled by Courts. Both the parties agreed to remand the issue back to the file of the ld. CIT(A). In the interests of justice, a categoric finding has to be available as to whether notice u/s. 143(2) was issued to the assessee or not. Accordingly, the impugned order is set aside in toto and the issues are restored back to the file of the CIT(A) with a direction to pass a speaking order in accordance with law addressing the specific grievance. appeal of the assessee is allowed for statistical purposes.

Summary

Issues:
1. Correctness of the order dated 25.08.2019 of CIT(A) Ludhiana pertaining to 2009-10 assessment year.
2. Whether notice u/s. 143(2) of the Income Tax Act was issued to the assessee or not.

Issue 1: Correctness of CIT(A) Order:
The appeal filed by the assessee challenges the order of CIT(A) Ludhiana dated 25.08.2019 concerning the 2009-10 assessment year. The arguments were confined to ground No. 2, questioning the legality of the assessment made without issuing a statutory notice u/s. 143(2) of the Income Tax Act. The CIT(A) upheld the AO's order, stating that the proceedings u/s. 147 r.w.s. 148 were justified. The appellant contended that the notice was never issued, but the CIT(A) dismissed this ground, emphasizing that the appellant did not challenge the validity during the assessment proceedings. The appellant argued that the legal requirement of issuing the notice was not fulfilled merely because it was available on file.

Issue 2: Notice u/s. 143(2) of the Income Tax Act:
The appellant raised concerns about the non-issuance of the notice u/s. 143(2) during the assessment proceedings. The appellant's representative highlighted that the AO did not provide a categorical finding on whether the notice had been issued, and the issue was not raised during the assessment stage due to lack of awareness. The appellant argued that the CIT(A) failed to address this critical legal shortcoming and did not provide a satisfactory response to the grievance raised. Both parties agreed to remand the issue back to the CIT(A) to verify whether the notice u/s. 143(2) was indeed issued. The Tribunal, in the interest of justice, set aside the impugned order and directed the CIT(A) to pass a speaking order addressing the specific grievance, emphasizing the necessity of a clear finding on the issuance of the notice.

This judgment highlights the importance of procedural compliance in tax assessments, specifically focusing on the legal requirement of issuing notices u/s. 143(2) of the Income Tax Act. The decision emphasizes the need for authorities to address specific legal shortcomings raised by taxpayers and provides a significant precedent for ensuring due process in tax proceedings.