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2017 (11) TMI 505 - AT - Income TaxValidity of assessment - failure of the Assessing Officer to issue notice under section 143(2) prior to finalizing the reassessment order - Held that:- The assessment made by the Assessing Officer under sect ion 143(3)/147 without issuance of the statutory notice under section 143(2) is bad in law and the same is liable to be cancelled. The provision of section 292BB would apply in so far as failure of “service” of notice is concerned and not with regard to failure to “issue” notice. It was held that the failure of the Assessing Officer to issue notice under section 143(2) prior to finalizing the reassessment order, therefore, cannot be condoned by referring to section 292BB of the Act” and such failure is fatal to the order of reassessment The assessment made by the Assessing Officer under section 143(3)/147 without issuance of the statutory notice under section 143(2) is bad in law and the same is liable to be cancelled. - Decided in favour of assessee.
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