TMI Blog2008 (4) TMI 752X X X X Extracts X X X X X X X X Extracts X X X X ..... iso to section 143(2)(ii) is also applicable in the case where return was filed in compliance with the notice under section 148. (II) Whether the learned Income-tax Appellate Tribunal was justified in holding that the assessments completed under section 143(3)/147 read with section 148 are not valid when the ratio of Nawal Kishor Sons Jeweller v. Dy. CIT, Central Circle VI, Kanpur by the ITAT (Special Bench) Lucknow Camp at New Delhi clearly held that non-issuance of notice under section 143(3) is not a nullity but is an irregularity. 3. Heard Shri D.D. Chopra learned Senior Standing Counsel for revenue. No one appears on behalf of the assessee despite service of notice. 4. The brief facts of the case are that in response to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing the assessment, reassessment or recomputation under section 147, the Assessing Officer shall serve on the assessee a notice requiring him to furnish within such period, as may be specified in the notice, a return of his income or the income of any other person in respect of which he is assessable under this Act during the previous year corresponding to the relevant assessment year, in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed; and the provisions of this Act shall, so far as may be, apply accordingly as if such return were a return required to be furnished under section 139 : Provided that in a case- (a) Where a return has been furnished during the pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sment or recomputation as specified in sub-section (2) of section 153 of the Act such notice shall be deemed to be a valid notice. 8. In view of the aforesaid amended provisions, the view of the Tribunal appears to be incorrect. However, since the Tribunal has not considered the amended section 148 of the Act, it would be appropriate to remand back the matter to the Tribunal to decide the appeal afresh in the light of the amendment made by the Finance Act, 2006 with effect from 1-10-1991 in section 148 of the Act. 9. In the result, the appeal is allowed. The order of the Tribunal dated 8-8-2005 passed in I.T.A. No. 168/LUCK./2003 is set aside and the matter is remanded back to the Tribunal to decide the appeal afresh in the light of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
