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TMI Blog2014 (8) TMI 1020X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Act on the ground of non-issuance of notice u/s.143(2) of the Income Tax Act, 1961 ('the Act' hereinafter). Vide ground no. 2, the assessee has raised the issue that the Assessing Officer (A.O.) did not dispose off the objections filed by the assessee against the section 147 proceedings. Vide ground no. 3, the assessee has agitated that the reopening was made after a period of four years and that full details were disclosed by the assessee and there was no fault attributable on the part of the assessee resulting in escapement of any income. Lastly, vide her fourth ground of appeal, the assessee has agitated the quantum addition of Rs. 27.26 lacs on account of enhanced compensation received by the assessee. 2. The brief fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The ld. Authorized Representative (AR) has submitted that the issuance of notice before reopening of the assessment was mandatory. He has relied a decision of Hon'ble Supreme Court styled as "CIT & Another Vs. Hotel Blue Moon" (2010) 229 CTR (SC) 362, wherein Hon'ble Supreme Court, while adjudicating upon the case of block assessment under the Income Tax Act, has observed that if the A.O., for any reason, repudiates the return filed by the assessee in response to a notice under section 158BC(a), he must necessarily issue notice under section 143(2) within the time prescribed in the proviso to section 143(2); omission on the part of the assessing authority to issue notice under section 143(2) cannot be said to be a mere procedural ir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10. Further, this view has been again reiterated by Hon'ble Bombay High Court in another case styled as "CIT Vs. Virendra Kumar Agarwal" Income Tax Appeal No. 2429 of 2009 dated 7.1.2010". Since the assessment year involved in this case is 2001-02, hence, the newly inserted provision of section 292BB is not applicable to this year. In view of the said legal position as discussed above, the assessment proceedings in consequence of reopening u/s.147 were bad in law and cannot be sustained and are accordingly set aside. Since, while deciding the above ground no. 1, we have set aside the reopened assessment proceedings itself, hence, the consequential other grounds of appeal have become infructuous and rendered academic in nature and as su ..... X X X X Extracts X X X X X X X X Extracts X X X X
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