SHRIDHAR FINANCIAL SERVICES PRIVATE LIMITED,DELHI vs. ITO WARD 23(3), DELHI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal noted that the Revenue could not dispute the lack of a mandatory section 143(2) notice, referencing the precedent set in ACIT Vs. Hotel Blue Moon (2010) 321 ITR 362 (SC). Consequently, the impugned assessment was quashed.
What were the facts?
The assessee's appeal for AY 2018-19 arose against an order passed under section 147 r.w.s. 144. The primary issue raised was the validity of the assessment due to the absence of a section 143(2) notice after the assessee filed its return.
What were the issues?
The validity of the assessment proceedings for non-issuance of a mandatory section 143(2) notice.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
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- ACIT v. Hotel Blue Moon623 citing321 ITR 362 · 2010 · SC · Read judgment
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
ORDER This assessee’s appeal for Assessment Year 2018-19 arises against the CIT(A)/NFAC, Delhi’s DIN & order No. ITBA/NFAC/S/250/2025-26/1082375330(1) dated 07.11.2025, in proceedings u/s 147 r.w.s. 144 of the Income Tax Act, 1961 (in short “the Act”).
Heard both the parties at length. Case file perused.
Coming to the assessee’s first and foremost legal ground, it emerges that there arises the first and foremost issue of validity of the impugned assessment dated 14.03.2023 itself for want of issuance of section 143(2) notice in furtherance to his return admittedly filed on 28.03.2022.
Shridhar Financial Services Pvt. Ltd. 4. That being the case, the Revenue could hardly dispute that even the learned assessing authority has tabulated a list of all the opportunities given to the assessee wherein there is no such mention a notice issued u/s 143(2) of the Act forming a mandatory condition as per ACIT Vs. Hotel Blue Moon (2010) 321 ITR 362 (SC). I thus quash the impugned assessment for the precise reason. Ordered accordingly.
All other remaining issue between the parties stand rendered academic.
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
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