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TMI Blog2021 (11) TMI 1182X X X X Extracts X X X X X X X X Extracts X X X X ..... ith the order of the ld. CIT (Appeals) that where there is no issuance of notice under Section 143(2) of the Act the order passed by the ld. AO deserves to be quashed. Issuance of notice u/s 143 (2) of the act is foundation stone for the assessment order. Even before us, no proof of issuance of any notice under Section 143(2) of the Act was shown. Thus we confirm the order of the ld. CIT (Appeals) in quashing the assessment order. Decided in favour of assessee. - MS SUCHITRA KAMBLE, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER For the Assessee : None; For the Department : Ms. Sunita Singh [CIT] D. R.; ORDER PER PRASHANT MAHARISHI, A. M. 1. This appeal is filed by the ld. ACIT, Central C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issued by the ld. Assessing Officer and assessee was also asked to produce the parties. In response to that notice few parties submitted the confirmation, some of them denied having any transaction with the assessee. With respect to the parties, where the assessee failed to prove the identity, creditworthiness and genuineness of the transaction amounting to Rs.7,38,80,000/-, the ld. Assessing Officer made the addition under Section 68 of the Act. Assessment order was passed under Section 143(3) of the Act on 30th March, 2015 determining the total income of the assessee at Rs.7,38,77,320/-. 3. Assessee preferred an appeal before the ld. CIT (Appeals) contesting that no notice under Section 143(2) of the Act for assessment year 2013-14 was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... record available with him to show issuance of notice. The ld. CIT (Appeals) based on this relying on the decisions of several High Courts as per para No. 4 quashed the order of the Assessing Officer. We concur with the order of the ld. CIT (Appeals) that where there is no issuance of notice under Section 143(2) of the Act the order passed by the ld. Assessing Officer deserves to be quashed. Issuance of notice u/s 143 (2) of the act is foundation stone for the assessment order. Even before us, no proof of issuance of any notice under Section 143(2) of the Act was shown. Thus we do not find any infirmity in the order of the ld CIT (A). 7. In the result, without going into the merits of the addition, we confirm the order of the ld. CIT (Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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