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TMI Blog2020 (2) TMI 314X X X X Extracts X X X X X X X X Extracts X X X X ..... this appeal. The assessee has also filed cross-objection challenging the validity of re-assessment proceedings. 2. Brief facts of the case are that in respect of the assessment year 2005-06, the assessee filed the return of income on 30/10/2005 declaring a total loss of Rs. 373,65,94,910/-and by order dated 24/12/2007 passed under section 143(3) of the Income Tax Act, 1961 (for short "the Act"), learned Assessing Officer assessed the total loss of the assessee at Rs. 372,62,77,617/-after adding back Rs. 1,03,17,293/-on account of depreciation on the assets not owned by the Delhi Metro Rail Corporation Limited (DMRC). Subsequently notice under section 148 of the Act was issued and 20/3/2012 but the same was not served on the assessee. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Assessing Officer to issue notice under section 143(2) of the Act. 5. Having considered the addition made by the assessing officer to the effect that no notice under section 143(2) of the Act was issued pursuant to the letter filed by the assessee stating that the return filed for assessment year 2005-06 may be treated as a return filed in response to notice under section 148 of the Act, by placing reliance on the decision of the special Bench of the Tribunal in the case of Raj Kumar Chawla & Ors. Vs. ITO (2005) 94 ITD 1 (Del)(SB), which is also considered by Division Bench of Delhi Tribunal in the case of ITO vs. Tilak Raj Satija (ITA No. 391/Del/2010 - order dated 14.08.2013, Ld. CIT(A) reached a conclusion that for want of notice un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r to issue notice under section 143(2) of the Act. It, therefore, goes that subsequent to the statement of the assessee in response to the notice under section 148 of the Act that the original return may be treated as a return in response to notice under section 148 of the Act, there was no notice under section 143(2) of the Act. 9. This fact situation is squarely covered by the addition of the Hon'ble jurisdictional High Court in the case of Jai Shiv Shankar Traders Private Limited (supra). Further the Ld. CIT(A) placed reliance on the decision of the in the case of Tilak Raj Satija (supra) which, while placing reliance on the decision of the Delhi High Court in the case of Alpine Electronics Asia Private Limited vs. DCIT 341 ITR 247, la ..... X X X X Extracts X X X X X X X X Extracts X X X X
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