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2023 (8) TMI 1106 - ITAT SURATReopening of assessment u/s 147 - non issue of notice issued u/s 143(2) - Whether defect curable u/s 292BB? - HELD THAT:- As decided in Cebon India Ltd [2009 (7) TMI 26 - PUNJAB AND HARYANA HIGH COURT] absence of a statutory notice cannot be held to be curable u/s 292BB of the Act. A plain reading of section 148 of the Act reveals that within the statutory period specified therein, it shall be incumbent to send a notice under section 143(2) of the Act. The provisions contained in sub-section (2) of section 143 is mandatory and the legislature in their wisdom by using the word 'reason to believe' had cast a duty on the Assessing Officer to apply mind to the material on record and after being satisfied with regard to escaped liability, shall serve, notice specifying particulars of such claim. After receipt of return in response to notice under Section 148, it shall be mandatory for the assessing officer to serve a notice under sub-Section (2) of Section 143 assigning reason therein. In absence of any notice issued under sub-section (2) of section 143 after receipt of fresh return submitted by the assessee in response to notice under section 148, the entire procedure adopted for escaped assessment, shall not be valid. Reassessment order passed by AO u/s 143(3) r.w.s. 147 quashed - Appeal of the assessee allowed.
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