Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2020 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (1) TMI 1377 - ITAT BANGALOREReopening of assessment u/s 147 - belated issuance of notice under section 143(2) - HELD THAT:- On bare reading of provisions of section 143(2), it is clear that, time period for issuance of notice is, 6 months from end of the financial year in which the return was filed. In the present facts of the case the time period reckons from 01/04/2014, since assessee intimated revenue vide letter dated 21/03/2014 filed with revenue on 25/3/2014 to consider the original return filed, in lieu of notice issued under section 148. No doubt that, notice under section 143(2) dated 11/03/2015 is issued to assessee beyond period of limitation. Notice under section 143(2) gives jurisdiction to assessing officer to proceed with the reassessment proceedings under the Act. In the present facts, notice issued beyond period of limitation is invalid and therefore the jurisdiction assumed by Ld.AO in view of such notice is bad in law. Revenue argued on applicability of provisions of section 292 BB of the act - It is clear from the provisions that section 292 BB of the act could only in select Ld.AO from the proof of service of notice. It does not in anyway insulate Ld.AO in a situation where the issuance itself is bad in law and beyond the period of limitation. Our view is supported by the decision rendered in the case of CIT Vs. Laxman Das Khandelwal [2019 (8) TMI 660 - SUPREME COURT]. We therefore do not find any merit in the argument of the Ld.Sr.DR. Reassessment proceedings are invalid for the reason that notice under section 143(2) was not issued to assessee in the time period prescribed by the provisions. - Decided in favour of assessee.
|