TMI Blog2014 (5) TMI 279X X X X Extracts X X X X X X X X Extracts X X X X ..... een given to the assessee and he had also given reply – the views expressed by the Tribunal are erroneous - Even assuming that the order u/s 143(3) r.w.s. 147 of the Act was passed by the AO without notice or proper notice u/s 143(2) of the Act - the omission could have been a reason for setting aside the order of assessment, but that could not have been a reason for nullifying the exercise u/s 14 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section 143(3) of the Income Tax Act can be made. There can be no denial of the fact that such a notice is required. The question for decision in this case is, not whether such a notice is required. Therefore, this exercise was also not required. In this case, after the assessment was reopened, the assessee filed his reply to the recorded reasons. The order under section 147/143(3) of the Inco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n idle formality. In that case, it cannot be said that there has been any violation of any principles of natural justice. This is the wholesome principle which was statutorily recognized under section 292BB of the Act. The learned Tribunal held that the aforesaid provision has prospective operation. We are unable to agree with the learned Tribunal. This was a procedural matter and the amendment wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pearance on 10th March, 2010 could not have been for the purpose of collecting a copy of the recorded reasons. We are, as such, of the opinion that the views expressed by the learned Tribunal are erroneous. The learned Tribunal upheld the order of the CIT (Appeal). Therefore, we need not separately deal with the reasoning of the CIT (Appeal). Even assuming that the order under section 143(3) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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