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2020 (10) TMI 988 - AT - Income TaxProceedings u/s 143(3) - Non issuance of notice u/s. 143(2) from the competent AO - Unexplained cash credits addition u/s 68 - addition on account of assessee’s failure in discharging onus of identity, genuineness and creditworthiness of the share application / premium’s investors - HELD THAT:- Revenue itself is fair enough in admitting the clinching fact that ITO, Ward 24(3), Kolkata only had issued 143(2) notice dated 07-08-2013 to the assessee without having his jurisdiction since it was the TRO-4, Kolkata who was supposed to frame assessment in the taxpayer’s case. The latter authority never issued sec.143(2) notice to the assessee. There can hardly be any dispute that issuance of notice u/s. 143(2) from the competent Assessing Officer is a mandatory condition as per ACIT vs. Hotel Blue Moon [2010 (2) TMI 1 - SUPREME COURT]. Assessment in absence of section 143(2) notice issued from the Assessing Officer having jurisdiction is rendered invalid - See D. CRAFT ENTERTAINMENT PVT. LTD. VERSUS INCOME-TAX OFFICER, WD-6 (1) , KOLKATA [2018 (10) TMI 1114 - ITAT KOLKATA]. Thus impugned assessment order dated 22-03-2015 had been framed without the competent Assessing Officer’s sec. 143(2) notice issued to the assessee. The same is declared invalid for this precise reason. - Decided in favour of assessee.
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