Validity of reassessment proceedings - non-issue of the ...

Reassessment Void Due to Missing Statutory Notice; Tribunal Rules in Favor of Appellant After AO's Document Lapse.

May 7, 2024

Case Laws     Income Tax     AT

Validity of reassessment proceedings - non-issue of the statutory notice u/s 143(2) - The Appellate Tribunal found that the AO had not issued the statutory notice under section 143(2) in response to the appellant's return filed under section 148. Despite repeated requests and payments for inspection of case records, the AO did not provide the necessary documents to verify the issuance of the notice. The Tribunal held that the non-issuance of the statutory notice constituted an incurable defect, rendering the assessment proceedings void ab initio. Therefore, the Tribunal allowed the appeal in favor of the appellant.

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