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2020 (2) TMI 1278 - AT - Income TaxReopening of assessment u/s 147 - assessment order not issued any notice u/s 143(2) with regard to the revised return filed by the assessee - service of Notice u/s 143(2) after the filing of the revised return of income u/s 139(5) - HELD THAT:- Originally the assessee filed the return of income on 30.09.2012 declaring total income. Consequent to this, the A.O. issued notice u/s 143(2) of the Act on 14.08.2013. Later, the assessee filed revised return of income on 17.03.2014 by admitting the same income. AO computed the income by stating as follows:- “Income as per revised return of income ₹ 7,05,85,430. The revised return filed by the assessee is within the stipulated time provided u/s 139(5) of the Act. Though the A.O. considered the revised return of income, which is stated in the assessment order as above, he has not issued any notice u/s 143(2) of the Act with regard to the revised return filed by the assessee. In our opinion, it was the duty of the Assessing Officer to issue notice u/s 143(2) of the Act, when he has taken the consequence of the revised return and pass assessment order. His failure to issue notice u/s 143(2) of the Act while framing the assessment on the basis of revised return, is bad in law and it cannot be sustained. Accordingly, we quash the assessment order. Appeal filed by the assessee is allowed.
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