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TMI Blog2023 (6) TMI 1378X X X X Extracts X X X X X X X X Extracts X X X X ..... ) TMI 660 - SUPREME COURT] We conclude that there was no issuance of the valid statutory notice u/s 143(2) of the Act within the prescribed time. DR has also not brought anything on record contrary to the arguments advanced by the AR for the assessee. Thus, in the absence of the valid statutory notice, the assessment framed u/s 144 of the Act is not sustainable. Decided in favour of assessee. - DR. M. L. MEENA, ACCOUNTANT MEMBER AND SH. ANIKESH BANERJEE, JUDICIAL MEMBER For the Appellant : Sh. Vir Sen Aggarwal, ITP. For the Respondent : Sh. Rohit Mehra, CIT. DR. ORDER PER: ANIKESH BANERJEE, JM: The instant appeal of the assessee was filed against the order of the ld. Commissioner of Income Tax (Appeals), NFAC, Delhi,[in brevity the CIT (A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... books of accounts along with the stock register were duly part of the records of the department. 6. That the Ld. CIT(A) has erred in not appreciating that the assessee had duly filed the return of income on 16.08.2019 and had furnished copy of cash book for the period of demonetization vide response dated 23.08.2019. 7. That without prejudice to the aforesaid, the Id. CIT(A) has failed to appreciate that the appellant company has been running the business of shawls and other allied items and the cash deposited during the demonetization period represents sale proceeds realized during the year. 8. That the Id. CIT(Appeals) has erred in ignoring the submissions and evidence brought on record by the assessee to explain the genuineness of the bu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - in ICICI Bank and Punjab and Sindh Bank for F.Y. 2016-17. The assessment was completed u/s 144. The assessee filed an appeal before the ld. CIT(A) and submitted detailed documents before the appellate authority. The ld. CIT(A) upheld the order of the ld. AO. Being aggrieved, assessee filed an appeal before us. 6. The ld. AR for the assessee submitted a written submission which is kept in the record. The ld. AR first agitated the ground no. 2 related to non-issuance of the notice u/s 143(2) of the Act. The assessee placed this ground first time before the bench. The bench called for in the record and case was re fixed on 23.05.2023. On verification of record itself revealed that no notice u/s 143(2) was issued to the assessee. 6.1 The ld. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , passed impugned assessment order without issuing notice under section 143(2) within time limit prescribed, said order was liable to be set aside - Revenue filed an application for condonation of delay in filing SLP - Whether since no good ground and reason to condone delay was found, application for condonation and SLP filed against impugned High Court order was liable to be dismissed - Held, yes 6.2.2. Hon ble Supreme Court of India Assistant Commissioner of Income-tax v. Hotel Blue Moon, [2010] 188 Taxman 113 (SC) 16. The case of the revenue is that the expression 'so far as may be apply' indicates that it is not expected to follow the provisions of section 142, sub-sections (2) and (3) of section 143 strictly for the purpose of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ceedings is bad in law. Hence, these proceedings culminating in the assessment order, as well as the impugned order stand quashed. Nothing else remains to be adjudicated. In consequence, the revenue's appeal in ITA No. 57/AGR/2014 is dismissed. 6. Sub-section (2) of Section 143 of the Act of 1961 envisages: [(2) Where a return has been furnished under section 139, or in response to a notice under sub-section (1) of section 142, the Assessing Officer or the prescribed income-tax authority, as the case may be, if, considers it necessary or expedient to ensure that the assessee has not understated the income or has not computed excessive loss or has not under-paid the tax in any manner, shall serve on the assessee a notice requiring him, o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om departmental assessment folder, it is clear that the department was not able to find any notice u/s 143(2) initiating the assessment proceeding. The ld AR also placed the online record before the bench but there is no trace of the notice U/s 143(2) of the Act. The Without issuance of notice u/s 143(2) is caused the assessment bad in law. We respectfully relied on the order of the Hon ble Apex Court in the case of Hotel Blue Moon (supra) and Laxman Das Khandelwal(supra). 8.1. In view of the above, we conclude that there was no issuance of the valid statutory notice under section 143(2) of the Act within the prescribed time. The ld. DR has also not brought anything on record contrary to the arguments advanced by the ld. AR for the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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