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TMI Blog2024 (5) TMI 30X X X X Extracts X X X X X X X X Extracts X X X X ..... see. However, merely because the Assessee participates in the proceedings pursuant to such notice under Section 148 of the Act, it does not obviate the mandatory requirement of the AO having to issue to the Assessee a notice under Section 143(2) of the Act before finalising the order of the reassessment. Hon ble High Court has also considered the decision of Hotel Bluemoon [ 2010 (2) TMI 1 - SUPREME COURT] - thus there being a jurisdictional defect in completing, the reassessment proceedings hence same are held to be invalid. The reassessment proceedings u/s 147 hereby quashed. Decided in favour of assessee. X X X X Extracts X X X X X X X X Extracts X X X X ..... he objections filed by the appellant. Since, the additional ground is on question of law and it is well settled law that it can be raised at any time during appeal. 2.1 In view of the additional grounds raised being legal in nature and not requiring any investigation of the fresh facts, same were admitted for adjudication in view of law laid down by the Hon'ble Supreme Court in the case of NTPC reported in 229 ITR 383. 3. Regarding the additional ground raised, the Ld. counsel for the assessee submitted that subsequent to the issue of notice u/s 148 of the Act, the assessee filed a letter dated 05.04.2016 to treat the return of income filed originally on 26.09.2012 as return filed in response to the notice u/s 148 of the Income-tax Act, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rd. In the additional ground, the assessee has raised issue challenging the jurisdiction of the Assessing Officer in completing the reassessment proceedings. We find that the Hon'ble Delhi High Court in the case of Pr. CIT v. M/s Paramount Biotech Industries Ltd. in ITA No. 887 & 888 of 2017 held that even in the reassessment proceedings issue of notice u/s 143(2) of the Act is mandatory. The relevant finding of the Hon'ble High Court in M/s Paramount Biotech Industries Ltd. (supra) is reproduced as under: "6. The Court here held that: "16. As regards the objection of the Revenue to the ITAT permitting the Assessee to raise the point concerning non- issuance of notice under Section 143(2) of the Act for the first time in the appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch had since been replaced with a different form for filing of returns. Consequently, the said return could not have been treated as a return filed pursuant to the notice issued to the Assessee under Section 148 of the Act. He further submitted that with no discrepancy having been found by the AO in the returns for AYs 2005-06 till 2007-08, which were processed under Section 143 (1) of the Act, there was no occasion for the AO to issue a notice under Section 143 (2) of the Act. Mr. Sahni submitted that in the circumstances, the action of the AO in finalising the reassessment orders without notice under Section 143 (2) of the Act was justified. 18. The wording of Section 143(2)(ii) of the Act, which is applicable in the present case, requi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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