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2023 (3) TMI 554 - AT - Income TaxReopening of assessment u/s 147 - Failure to issue notice u/s. 143(2) - Scope of curable defect u/s 292BB - HELD THAT:- In view of the judgment of ACIT Vs. Hotel Blue Moon [2010 (2) TMI 1 - SUPREME COURT] non-issuance of notice u/s. 143(2) of the Act is a jurisdictional error on the part of Assessing Authority. Hence, Section 292BB of the Act would not help AO. The impugned assessment so framed without issuance of notice u/s. 143(2) is illegal, hence deserves to be annulled. It is pertinent to note that the judgment rendered in the case of Josh Builders & Developers (P.) Ltd. [2016 (9) TMI 340 - PUNJAB AND HARYANA HIGH COURT] has been rendered on different set of facts, hence do not help Revenue. From the records placed before me it is evident that AO failed to issue notice u/s. 143(2) of the Act. Hence, the assessment framed by the AO is without authority of law. Decided in favour of assessee. Unexplained cash deposits in bank account - . From the bank statement it is seen that there are withdrawals and deposits by the assessee in his bank account. Further, it is stated that he had sold certain lands and the sale consideration was available with him to deposit such amount in the bank. Looking to the evidences submitted by the assessee it can be inferred that the assessee was having sufficient funds for making deposit coupled with the fact that there were withdrawals from the bank account. Hence, these facts ought to have been considered by the authorities below, which has not been considered. The addition made by the AO is not justified and the same is hereby deleted. Appeal of the assessee is allowed.
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