2023 (8) TMI 1545 - HC - Income Tax

Validity of assessment w/o issuing notice u/s 143 - HELD THAT - Admittedly the notice was issued by the AO u/s 148 within thirty days. A return was filed much later on 31.03.2009 after eight and a half months. On identical facts in Chand Bihari Agrawal 2023 (8) TMI 158 - PATNA HIGH COURT this Court considered the issue and held against the revenue. We find that the question of law has to be answered in favour of the assessee and against the revenue

Summary

The High Court of Patna dismissed the appeal against the Tribunal's order under Section 143(3)/147 of the Income Tax Act, 1961. The court held that a notice under Section 143(2) should have been issued to the assessee. The decision was based on the precedent set in the case of Hotel Blue Moon. The appeal was dismissed in favor of the assessee.