SATYA ENTERPRISES,BILASPUR vs. INCOME TAX OFFICER, WARD-1(2), BILASPUR, BILASPUR
What did the Tribunal hold?
The Tribunal held that the assessment framed under Section 144 of the Act was invalid and bad in law because the mandatory notice under Section 143(2) was not issued to the assessee. Consequently, the assessment order was quashed.
What were the facts?
The assessee's appeal concerns the assessment year 2017-18. The primary contention is that the assessment completed under Section 144 of the Income Tax Act was invalid due to the non-issuance of a mandatory notice under Section 143(2).
What were the issues?
Whether an assessment framed under Section 144 of the Income Tax Act is valid without the issuance of a mandatory notice under Section 143(2) of the Act.
Which sections of the Income-tax Act were involved?
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Cases cited in this judgment(9)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- ACIT v. Hotel Blue Moon623 citing321 ITR 362 · 2010 · SC · Read judgment
- Ashok Chaddha v. ITO252 citing337 ITR 399 · 2011 · HC · Read judgment
- Pr. CIT v. Silver Line201 citing283 CTR 148 · 2016 · HC · Read judgment
- Director of Income Tax v. Society For Worldwide Interbank Financial Telecommunications128 citing323 ITR 249 · 2010 · HC
- Alpine Electronics Asia Pte. Ltd. v. Director General of Income Tax91 citing341 ITR 247 · 2012 · HC
- Pr. CIT v. Silver Line and Anr.: 283 CTR 148 (Del), ACIT v. Hotel Blue Moon47 citing318 ITR 322 · 2009 · HC
- Shaily Juneja v. ACIT23 citing167 Taxmann.com 90 · 2024 · HC
- Pr.CIT v. Shri\nJai Shiv Shankar Traders (P.) Ltd.15 citing282 CTR 435 · 2016 · HC
- 148 of the Act. 13. In DIT v. Society for Worldwide Inter Bank Financial, Tele8 citing2023 SCC OnLine DEL 7382 · 2023
Income Tax Appellate Tribunal, RAIPUR BENCH “SMC”, RAIPUR
Before: SHRI PARTHA SARATHI CHAUDHURY
PER PARTHA SARATHI CHAUDHURY, JM The present appeal preferred by the assessee emanates from the order of the Ld.CIT(Appeals)/NFAC, Delhi dated 23.04.2025 for the assessment year 2017-18 as per the grounds of appeal on record.
In this case, the assessee has filed both legal grounds as well as grounds on merits. The Ld. Counsel for the assessee submitted that he would assail the legal ground first and if the said legal ground is answered affirmative, then the grounds
The order continues below.
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