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2014 (9) TMI 1218 - AT - Income TaxValidity of assessment - non issue of notice u/s 143(2) or 142(1) - HELD THAT:- Hon’ble Supreme Court in the case of ACIT v. Hotel Blue Moon [2010 (2) TMI 1 - SUPREME COURT] and case of Sapthagiri Finance & Investments [2012 (8) TMI 523 - MADRAS HIGH COURT] the issuance of notice under section 143(2) of the Act is mandatory. In the present case, there is nothing available on record to show that the Assessing Officer had issued notice under section 143(2) or 142(1) CIT(Appeals) cancelled the reassessment as not valid. We, therefore, by following the decisions of the Hon’ble Supreme Court as well as the Hon’ble Jurisdictional High Court, hold that the ld. CIT(Appeals) rightly cancelled the reopening as invalid. Accordingly, the grounds raised by the Revenue are dismissed.
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