VINOD KUMAR KASTURCHAND GOLECHHA,MUMBAI vs. INCOME TAX OFFICER-19(3)(1), MUMBAI, MUMBAI

ITA 1966/MUM/2024Status: DisposedITAT Mumbai17 December 2024AY 2010-119 pages
AI SummaryN/A

What did the Tribunal hold?

The Tribunal held that the reassessment orders were invalid and should be quashed because the Assessing Officer failed to issue a mandatory notice under Section 143(2) of the Income Tax Act after the assessee filed its return in response to the Section 148 notice. Relying on Supreme Court and High Court judgments, the Tribunal clarified that the non-issuance of a Section 143(2) notice is not a mere procedural irregularity but a fatal flaw, making the reassessment order unsustainable.

What were the facts?

The assessee, engaged in the diamond business, had its assessment reopened for AY 2009-10 and 2010-11 following a search action on a third-party group from whom the assessee allegedly obtained accommodation entries. The assessee responded to the Section 148 notice by treating its original return as the return for reassessment proceedings. The AO made additions, which were confirmed by the CIT(A), leading the assessee to appeal before the Tribunal.

What were the issues?

Whether the reassessment proceedings are valid if a notice under Section 143(2) is not issued after the assessee files a return in response to a Section 148 notice.

Which sections of the Income-tax Act were involved?

Section 148,Section 143(2),Section 143(1),Section 142(1),Section 147,Section 151(1),Section 292BB

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Income Tax Appellate Tribunal, MUMBAI BENCH “SMC”, MUMBAI

Before: SMT BEENA PILLAI & SMT RENU JAUHRI

For Appellant: Shri Himanshu Gandhi
For Respondent: Shri Usha Gaikwad, Sr. A.R
Hearing: 17.10.2024Pronounced: 17.12.2024

Per Beena Pillai, JM: Present appeals filed by the assessee arises out of order dated 22.03.2024 passed separately for assessment years 2009-10 and 2010-11.

Brief facts of the case are as under:

2.

The assessee is engaged in the business of import, export and trading of cut and polished, and rough diamonds. The original return of income for A.Y. 2009-10 was filed by the assessee on 28.09.2009 declaring total income of Rs.2,70,210/- and return of income for A.Y. 2010-11 was filed on 14.10.2010 declaring total income of Rs.3,50,170/-.

2.1.

Pursuant

The order continues below.

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