TMI Blog2019 (3) TMI 1923X X X X Extracts X X X X X X X X Extracts X X X X ..... 11-3-2019 - KUL BHARAT, JUDICIAL MEMBER AND MANISH BORAD, ACCOUNTANT MEMBER Appellant by: Shri B.J.Boricha, Sr.DR Respondent by: Shri C.G. Rawka, CA O R D E R PER MANISH BORAD. The above captioned appeal is filed at the instance of assessee pertaining to Assessment Year 2006-07 and is directed against the orders of Ld. Commissioner of Income Tax (Appeals)-I (in short Ld.CIT(A) ], Indore dated 03.02.2017 which is arising out of the order u/s 143(3)/147 of the Income Tax Act 1961(In short the Act ) dated 18.03.2014 framed by ITO 2(1), Indore. 2. The assessee has raised following grounds of appeal; (1) That the Ld. AO erred on facts of the case and ignored the proviso to clause (ii) of section 143(2) requi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resentative though supported the orders of lower authorities but could not controvert the fact that the Ld. Assessing Officer is failed to issue notice u/s 143(2) of the Act to the assessee after issuance of notice u/s 148 of the Act. 5. We have heard rival contentions and perused the records placed before us. Through Ground No. 1,2, 3 assessee challenged the legality of the reassessment proceedings in view of the fact that the notice u/s 143(2) of the Act was not issued. 6. We observe that the assessee earned income from salary and contract work and filed its income tax return for Assessment Year 2006-07 on 23.03.2007 declaring income of ₹ 4,22,360/- . Subsequently reassessment proceedings were initiated by issuance of notice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... khmani Cotton Industries Pvt. Ltd. M/ s. Manjeet Cotton Pvt. Ltd. a fatal error has been committed by Ld. Assessing Officer and thus the reassessment order passed u/s 147 r.w.s 143(3) of the Act is invalid bad in law and void ab initio and thus liable to be quashed. We accordingly, allow the common ground no.2 raised by both the assessee in the Cross Objections challenging the validity of reopening of assessment u/s 147 of the Act for non-issuance of notice u/s 143(2) of the Act . 8. We therefore respectfully following the decision of the Coordinate Bench as well as in the given facts and circumstances of the case are of the considered view that the impugned reassessment order is liable to be quashed being invalid, bad in law and void ..... X X X X Extracts X X X X X X X X Extracts X X X X
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