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2020 (1) TMI 47 - AT - Income TaxReopening of assessment u/s 147 - no notice issued u/s 143(2) - HELD THAT:- There was no notice issued u/s 143(2) of the Act subsequent to filing the return of income. Even in the case of Hotel Blue Moon [2010 (2) TMI 1 - SUPREME COURT] held that section 292BB comes to the rescue of the department only after issue of notice u/s 143(2). In the instant case, there is no notice issued u/s 143(2) by the AO subsequent to filing the valid return of income. Therefore, we hold that the case of the assessee is squarely covered by the decision of Hon’ble Supreme Court in the case of Hotel Blue Moon (supra) against the assessee. Therefore, we hold that the Ld.CIT(A) has rightly cancelled the assessment made u/s 143(3), in the absence of notice issued u/s 143(2). Accordingly, we decline to interfere with the order of the Ld.CIT(A) and uphold the same.
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