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2014 (6) TMI 294 - HC - Income TaxReassessment u/s 147 - Notice issued u/s 143(2) of the Act not served – Validity of assessment - Held that:- The assessee submitted the return which he had already submitted on 31.10.2000 with the intention of opting for having the assessment completed based on the return that he had already filed - return was accepted and acted upon by the Department - revenue cannot now be allowed to contend that the assessee did not file a return in response to Section 148 and there was no necessity to issue a notice u/s 143(2) of the Act. Validity of belated return filed in response to notice u/s 148 - Held that:- The notice under Section 148 was issued to the assessee on 4.12.2006. By this notice, the assessee was called upon to file the return within 30 days of service of the notice. This notice was served on the assessee on 7.12.2006. The assessee did not request for extension of time, nor was any extension granted for complying with the notice. The assessee did not file any return within the 30 days specified in the notice also and instead, filed the return submitted on 30.10.2000, only on 15.10.2007. Such a return belatedly filed by the assessee, is an invalid one in view of the provisions contained in Section 139 of the Act. The assessee had already filed a return u/s 139 as early as on 31.10.2000 and therefore calling upon the assessee to file a return u/s 142(1) does not arise - notice u/s 142(1) issued to the assessee on 5.10.2007 could have been only to call upon the assessee to produce accounts or documents and not for filing a return - in a proceedings initiated u/s 148, the provision does not come into operation whatsoever – thus, the return filed by the assessee on 15.10.2007 was not a valid return, which could have been acted upon by the AO entitling the assessee for a notice u/s 143(2) of the Act – thus, the order of the Tribunal that in the absence of a notice u/s 143(2) the assessment is illegal cannot be sustained – thus, the matter is remitted back to the Tribunal – Decided in favour of revenue.
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