CHANDRA SHEKHAR JOSHI,NEW DELHI vs. ITO WARD 68(5), NEW DELHI

This assessee’s appeal for assessment year 2013-14, arises against the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre [in short, the “CIT(A)/NFAC”], Delhi’s DIN and order no. ITBA/NFAC/S/250/2023-24/1057181473(1), dated 18.10.2023 involving proceedings under section 147 of the Income- tax Act, 1961 (hereinafter referred to as ‘the Act’).

Heard both the parties. Case file perused.

It emerges at the outset that there arises the first and foremost issue of validity of the impugned reassessment itself framed on 31st March, 2022 by the Income Tax Officer, Ward-68(5), Delhi for want of issuance of section 143(2) notice in light of Asstt. CIT v. Hotel Blue Moon, (2010) 321 ITR 362 (SC). We make it clear that there is no material either in the case records or in the assessment order, as the case may be, which could indicate the learned assessing authority to have issued its above mandatory notice after filing of the assessee’s return. This being the clinching factual position, we hold in light of the above case law that the impugned assessment framed by the learned Assessing Officer is non-est in the eyes of law. The same is directed to be quashed in very terms therefore.