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TMI Blog2012 (10) TMI 798X X X X Extracts X X X X X X X X Extracts X X X X ..... holding that the re-assessment framed under section 143(3) r/w 147 for the assessment year 94-95 is invalid on the ground that no notice under section 143(2) was served before framing the re-assessment ? 2. Whether in the facts and circumstances of the case, the Tribunal was right in holding that expenditure on renting a guest house is allowable as a business expenditure as per section 37(4)? 3. Whether in the facts and circumstances of the case, the Tribunal was right in holding that Lucknow property which was exchanged for another property in respect of which the assessee had forgone the tenancy rights was acquired for a valuable consideration and allowing depreciation under section 32 ?" 2. T.C. (A). No. 1183 of 2006 relates to juris ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee's letter dated 11.1.99, the Assessing Officer however viewed that since the assessee had not filed the return, after discussing the matter, the assessment was completed. Aggrieved by this, the assessee went on appeal before the Commissioner of Income Tax (Appeals) questioning the reopening of the assessment on merits as well as on non compliance of the requirements under Section 143(2) of the Act. 4. The first Appellate Authority upheld the reopening of the assessment under Section 147 of the Act. On the quantum, the Commissioner of Income Tax (Appeals) granted partial relief. reassessment. As against the same, assessee filed an appeal before the Income Tax Appellate Tribunal. The Revenue too on its part filed the appeal as agains ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e was failure on the part of the Revenue from complying with the procedure laid down under Section 143(2) of the Act, the assessment had to fail. 6. As already seen, the facts of the case are no different from the case already decided by this Court. When the assessee had requested the officer to treat the return already filed as one in response to Section 148 proceedings, further proceedings regarding compliance of the procedure under Section 143(2) is mandatory in nature. On the admitted fact position that there was no notice issued under Section 143(2) of the Act, we have no hesitation in confirming the order of the Tribunal. Consequently, T.C. (A).No. 1183 of 2006 is dismissed. 7. In view of the decision taken in T.C. (A). No. 1183 of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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