TMI Blog2022 (3) TMI 1232X X X X Extracts X X X X X X X X Extracts X X X X ..... g any reassessment. Reliance of CIT(A) on the provisions of section 292BB is misplaced because the said section only stipulates that participation in the assessment proceedings/reassessment proceedings would be deemed as a proper service of notice. This section does not deal with the issuance of the requisite notice. In the case of CIT vs. Laxman Das Khandelwal [ 2019 (8) TMI 660 - SUPREME COURT ] has held that section 292BB deals with failure of service of notice and not failure to issue notice. Since, admittedly, no notice was issued u/s. 148 in this case, we are satisfied that the entire edifice of reassessment created by the AO is without any bedrock. Appeal of allowed. - ITA No. 1445/PUN/2019 - - - Dated:- 7-3-2022 - Shri R. S. S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issued u/s. 148 was not on record. He however, emphasized that the participation of assessee in the re-assessment proceedings evidenced that notice u/s. 148 was issued. The Ld. CIT(A), in para 9.1 of his order, observed that section 292BB of the Act would come to the rescue of the Revenue and since the assessee participated in the assessment proceedings, it was a clear case of service of notice. Aggrieved thereby, the assessee has come up in appeal before the Tribunal. 4. I have heard both the sides and gone through the relevant material on record. The Ld. CIT(A) has discussed this issue in para 9.1 on pages 15 and 16 of his order and returned a categorical finding that there is no mention in the order sheet of the actual issue notice u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eassessment. Reliance of the Ld. CIT(A) on the provisions of section 292BB is misplaced because the said section only stipulates that participation in the assessment proceedings/reassessment proceedings would be deemed as a proper service of notice. This section does not deal with the issuance of the requisite notice. The Hon'ble Supreme Court in the case of CIT vs. Laxman Das Khandelwal (2019) 417 ITR 325 (SC) has held that section 292BB deals with failure of service of notice and not failure to issue notice. Since, admittedly, no notice was issued u/s. 148 in this case, I am satisfied that the entire edifice of reassessment created by the AO is without any bedrock. Ex consequenti, the re-assessment order is vitiated and the resultant ..... X X X X Extracts X X X X X X X X Extracts X X X X
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