9911796707
TMI Blog2023 (3) TMI 813X X X X Extracts X X X X X X X X Extracts X X X X ..... ELHI HIGH COURT ] Revenue s contention in this regard is not tenable in view of the aforesaid decision of Hon ble Delhi High Court. Appeal filed by the Revenue stands dismissed. - ITA No. 2141/Del./2022 - - - Dated:- 3-3-2023 - SHRI SHAMIM YAHYA , ACCOUNTANT MEMBER And SHRI ANUBHAV SHARMA , JUDICIAL MEMBER FOR THE ASSESSEE : SHRI GAURAV JAIN, ADVOCATE SHRI SUDERSHAN ROY, ADVOCATE MS. SHWETA BANSAL SINGH, CA FOR THE REVENUE : SHRI TOUFEL TAHIR, SR. DR ORDER PER SHAMIM YAHYA, ACCOUNTANT MEMBER : This appeal by the Revenue is directed against the order of ld. CIT (Appeals)-25, New Delhi dated 15.11.2019 and pertains to AY 2007-08. 2. Grounds of appeal taken by the Revenue read as under :- 1. Whether on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eedings u/s 147 of the Act as illegal, bad in law and invalid without appreciating the fact that return of income filed by the assessee should have signed by the by managing director of the company or other persons as per section 140 of the I.T. Act 1961. 5. Whether on the facts and in the circumstances of the case, Ld. CIT (A) has failed to appreciate the fact that during the entire assessment proceedings completed u/s 147 of the Act, assessee has not contended before the assessing office for not issuing the notice u/s 143(2) of the I.T Act 1961. 6. Whether on the facts and in the circumstances of the case, Ld. CIT (A) has failed to appreciate the fact that during the entire assessment proceedings completed u/s 147 of the Act, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e comments of the Assessing Officer was received vide letter dated 11.05.2022 which is reproduced above in para 8. The Assessing Officer has stated in his remand report that no notice u/s. 143(2) was found in the assessment records. On perusal of Assessment Order it has been noticed that the Assessing Officer has also not mentioned the fact regarding the issuance of notice u/s 143(2) in this case. The appellant relied upon plethora of decisions of Hon'ble Courts in which it has been held that the issuance of notice u/s. 143(2) is mandatory before issuance of the order of reassessment and that the participation of assessee in the proceeding u/s. 143/147 does not obviate the requirement of issuance of notice u/s. 143(2). In this case, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notice u/s.143(2) of the IT Act. Therefore, we hold that the reassessment proceedings are invalid. The ground raised by the assessee as per Rule 27 of the Income Tax (Appellate Tribunal) Rules is accordingly allowed. Since the assessee succeeds on this legal ground, the ground raised by the Revenue on merit is not being adjudicated being academic in nature. In view of the above facts and judicial precedence, the assessment order passed by the AO is held to be invalid and hence annulled. Other grounds raised by the appellant are not required to be adjudicated. 5. Against this order, Revenue is in appeal before us. We have heard both the parties and perused the records. 6. Ld. Counsel for the assessee reiterated the submission ..... X X X X Extracts X X X X X X X X Extracts X X X X
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