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2020 (12) TMI 1362 - AT - Income TaxValidity of Reopening of assessment u/s 147 - non issuing and serving of notice U/s 143(2) - assessee had filed return after stipulated period of 30 days but before finalization of assessment - HELD THAT:- In the present case, the assessee had filed return, though, after stipulated period of 30 days but before finalization of assessment and in case the A.O. had found that there were problems with the return which required explanation by the assessee, then the A.O. ought to have followed up with a notice U/s 143(2). As no notice U/s 143(2) of the Act was issued which is mandatory requirement in reopen procedure and in our view issuance of notice U/s 143(2) is mandatory in reassessment proceedings initiated U/s 148 which has also been clearly laid down in the case of Alpine Electronics Asia PTE Ltd. [2012 (1) TMI 100 - DELHI HIGH COURT] consedring case of M/S. HOTEL BLUE MOON [2010 (2) TMI 1 - SUPREME COURT] held that Section 143(2) was applicable to a proceedings U/s 147/148 of the Act also. Since, in the present case, no notice U/s 143(2) of the Act was issued or served, therefore, in our view, it relates all the subsequent proceedings as invalid. In view of the above facts and circumstances, we set aside the orders of the authorities below and quash the reassessment proceedings initiated U/s 147 of the Act and allow grounds of assessee.
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