2023 (4) TMI 26 - ITAT DELHI

Validity of the re-opening of the assessment - non-issuance of notice u/s. 143(2) of the Act - HELD THAT:- The reassessment proceedings initiated by the AO are without due application of mind, and thus, the reassessment proceedings should be quashed as such.

AO failed to bring on record notice issued u/s. 143(2) of the Act. In the absence of such notice, it is presumed that AO did not issue any notice u/s. 143(2) of the Act, hence the assessment was framed without meeting the requirement of law. Thus hold accordingly. The case laws relied by the Revenue would not help in view of the fact that AO failed to issue mandatory notice u/s. 143(2) - thus quash assessment being bad in law - Decided in favour of assessee.