Non-service of mandatory notice u/s 143(2) renders assessment ...

Mandatory tax notice lapse voids assessment; mere affixture report inadequate. Cannot be cured u/s 292BB

August 16, 2024

Case Laws Income Tax AT

Non-service of mandatory notice u/s 143(2) renders assessment proceedings void ab initio. Revenue failed to prove sending of notice by ordinary post/registered post or obtaining substituted service order for affixture. Mere affixture report without following due process is insufficient. Absence of notice cannot be cured u/s 292BB per Supreme Court ruling. Service of Section 143(2) notice is a condition precedent for valid assessment. Assessment order passed without serving requisite notice is liable to be quashed in favor of assessee.

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Non-service of mandatory notice u/s 143(2) renders assessment ...

Mandatory tax notice lapse voids assessment; mere affixture report inadequate. Cannot be cured u/s 292BB

August 16, 2024

Case Laws Income Tax AT

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