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TMI Blog2024 (8) TMI 1042X X X X Extracts X X X X X X X X Extracts X X X X ..... 48 as the assessee has filed the original return of income as mentioned in the return of income acknowledgement dated 14.02.2023. Thus, the CIT(A) has rightly dismissed this ground with the precise observation. Hence ground no.1 is dismissed. Mandation to issue notice u/s 143(2) - As in the present case s scenario the assessment is reopened and the notice u/s 148 was rightly issued to the assessee for which the assessee has responded and, therefore, the statutory notice i.e. Section 148 notice has been issued and the plea to again issue notice u/s 143(2) is not justifiable when the notice itself has been issued u/s 148 and the other respective statutory notices u/s 142(1) was also subsequently issued for which the assessee has responded. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... return was processed under Section 143(1) of the Income Act, 1961. As per the information, the Assessing Officer observed that Vasant Darji Prop. Vijay Enterprise provided various accommodation entries in the form of loan/share premium/purchase etc. through 4 Vijay Enterprises, Vishal Impex, Chamunda Traders and M/s. Viral Overseas and the assessee has taken accommodation entry from Shri Vasant Darji Others. The assessee took accommodation entry of Rs. 17,66,600/- in the form of LTCG/STCG and the Assessing Officer observed that the same is non-genuine transaction which requires to be taxed in the hands of the assessee. The order under Section 148(d) of the Act was passed on 24.03.2022 and then notice under Section 148 of the Act was issued ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... decision of Hon ble Delhi High Court in the case of CIT vs. Pawan Gupta, 318 ITR 322 (Del). The Ld. AR, therefore, submitted that the Assessment Order was passed under Section 147 read with Section 144B of the Act. No notice under Section 143(2) of the Act has been issued by the Assessing Officer. This fact has been confirmed by the Assessing Officer in his order passed under Section 147 in response to the right to information application on behalf of the assessee citing no valid return was filed and verified by the assessee in response to the notice under Section 148 of the Act on 24.03.2022 within the time limit of 30 days allowed in the said notice. The Ld. AR submitted that the assessee filed its return of income on 14.12.2023 vide e-f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d on 24.03.2024. In fact, the return which was filed by the assessee are filed just few days prior to the assessment under Section 147 of the Act was completed i.e. on 14.02.2023. The assessee s contention that the assessee filed Income Tax return in response to notice under Section 148 of the Act but the same was not valid return as per the Assessing officer and, therefore, there is no need of notice under Section 143(2) of the Act. The Ld. DR submitted that no violation of Rule was made by the Assessing Officer while passing the Assessment Order under Section 147 of the Act. The Ld. DR relied upon the Assessment Order and the order of the CIT(A). As regards merit of the case, the Ld. DR relied upon the Assessment Order as no evidences fil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (supra) that Section 143(2) of the Act in respect of an assessment is to be completed under Section 143(3) read with Section 158BC of the Act, the same cannot be a procedural in nature, if the notice is not issued and, therefore, requirement of notice under Section 143(2) of the Act cannot be dispensed but in the present case s scenario the assessment is reopened and the notice under Section 148 of the Act was rightly issued to the assessee for which the assessee has responded and, therefore, the statutory notice i.e. Section 148 notice has been issued and the plea to again issue notice under Section 143(2) of the Act is not justifiable when the notice itself has been issued under Section 148 of the Act and the other respective statutory n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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