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2015 (5) TMI 464 - AT - Income TaxValidity of assessment for want of notice u/s 143(2) - no notice u/s 143 (2) of the Act was not served upon the assessee within the statutory mandatory time prescribed by the proviso to section 143 (2) - Held that:- A notice u/s 143(2) gives the jurisdictional power to the Assessing Officer to frame the assessment and failure on the part of the Assessing Officer to serve the notice within the stipulated period of 12 months which renders the assessment void ab initio. Therefore, in the absence of a notice u/s 143(2), the whole proceedings become invalid. Thus the assessment in question is invalid because of lack of jurisdiction of the Assessing Officer as the revenue has failed to show that the notice u/s 143(2) was served on the assessee within the stipulated period. Accordingly, we quash/ set aside the assessment in question. Decided in favour of assessee.
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