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CONDITION PRECEDENT FOR ASSESSMENT UNDER SECTION 143(3) OF INCOME TAX ACT 1961

Income Tax - Direct Tax Code - DTC - By: - Mr. M. GOVINDARAJAN - Dated:- 17-12-2015 - Under Section 143(2)(ii) of the Income Tax Act, 1961 ( Act for brevity) the Assessing Officer is required to serve, on the assessee, a notice requiring him to attend the office or to produce evidence on which the assessee may rely in support of the return, if the Assessing Officer considers it necessary or expedient to ensure that the assessee has not understated the income or has not computed excessive loss or .....

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er shall, after hearing the evidence as the assessee may produce and considering such other evidence as he may require and upon taking into account all relevant material, by an order in writing make an assessment of the total income or loss of the assessee. In Assistant Commissioner of Income Tax V. Hotel Blue Moon - [2010 (2) TMI 1 - SUPREME COURT OF INDIA] the Supreme Court held that omission on the part of the Assessing Officer to issue a notice is a not a procedural irregularity and is incur .....

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ction 151 (2) of the Act. The assessee filed a return declaring income which was claimed as exemption under Section 10(20) of the Act. The Assessing Officer held that the assessee was not a local authority and hence exemption under Section 10(20) of the Act will not applicable to the assessee and confirmed the amount. The assessee filed an appeal before the Commissioner of Income Tax (Appeals) who dismissed the appeal confirming the order of the Assessing Officer. The assessee filed a second app .....

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t was incurable and the defect in the assumption of jurisdiction by the Assessing Officer could not be cured by taking recourse to deeming fiction under Section 292BB of the Act. The Tribunal further held that the Department failed to produce the original records of the assessment proceedings despite time being granted. Against this order the Revenue filed appeal before the High Court. The Revenue contended the following before the High Court: Adequate opportunity was not given to the Department .....

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and, therefore, could not assert at the stage of the Tribunal that notice was not served under Section143(2) of the Act; In view of Section 292B of the Act, the assessee, after having participated in the proceedings could not contend that the reassessment proceedings were a nullity on the ground that the notice was not served. The High Court directed the Department to produce the original assessment records as well as the order sheet of the Tribunal. A supplementary affidavit was filed by the D .....

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ction 143(3)(ii) of the Act is based on the issuance of a notice under Section 143 (2)(ii) of the Act. The proviso to this section clearly stipulates that a notice must be served on the assessee. The High Court directed the Department to show the notice issued by the Department from the original assessment records. The notice accompanied is being issued under Section 142(1) of the Act. The High Court was of the opinion that from perusal of the original assessment order no notice under Section 14 .....

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eding or co-operated in any inquiry relating to an assessment or reassessment, it shall be deemed that any notice under the provisions of the Act, which is required to be served on the assessee has been duly served upon him in accordance with the provisions of the Act. The assessee is precluded from taking any objection in any proceeding or inquiry that the notice was- not served upon him; or not served upon him in time; or served upon him in an improper manner. The proviso to this section provi .....

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