PREM PRAKASH GARG,DELHI vs. DCIT, NEW 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 held that the non-service of the mandatory notice under section 143(2) and the failure to furnish reasons for reopening, despite a request, render the assessment order bad in law. The tribunal followed the Delhi High Court's precedent on the mandatory nature of section 143(2) notice.
What were the facts?
The assessee contended that a mandatory notice under section 143(2) was not served, and reasons for reopening were not provided. The assessment was completed under section 144 read with section 147.
What were the issues?
Whether the assessment order is invalid due to non-service of mandatory notice under section 143(2) and failure to provide reasons for reopening.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)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.
- Pr. CIT v. Silver Line and Anr.: 283 CTR 148 (Del), ACIT v. Hotel Blue Moon47 citing318 ITR 322 · 2009 · HC
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC 3’, NEW DELHI
Before: BEFORE SHRI J. SUDHAKAR REDDY
Respondent by : Sh. Rajesh Kumar, Sr.D.R. ORDER
This is an appeal filed by the assessee directed against the order of the Commissioner of Income Tax (Appeals) 16, New Delhi dated 27/01/2015 for the assessment year 2003-0 4.
After hearing rival contentions I find that in this case, mandatory notice under section 143 (2) of the Income Tax Act, 1961 (the Act) was not served on the assessee. The assessment order was passed under section 144 read with section 147 of the act . The assessee contended that, a) that a copy of the reasons recorded by the assessing officer for reopening of the assessments has not been provided to the assessee, despite asking for the same vide letter dated 4/01/2010. and b) that mandatory notice under section 143 (2) of the act has not been served on the assessee prior to completion of assessment.
2.1. As the Ld. DR could not controvert these contentions of the assessee and as I am convinced with the factual position stated by the assessee, after going through the record, I have no hesitation in quashing the assessment order as bad in law. The Hon’ble Delhi High Court in the case of CIT vs Pavan Gupta (2009) 318 ITR 0322 (Delhi) held that issue of notice under section 143 (2) of the act is mandatory and not merely a procedural irregularity.
2.2. Respectfully following the same I quash the impugned assessment order both on the ground that the mandatory notice under section 143 (2) of the act has not been served and also on the ground that, the reasons for reopening were not furnished to the assessee, despite the assessee requesting a copy of the same.
In the result the appeal of the assessee is allowed. Order pronounced in the open court on 25th January, 2017.
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Also relies on Pr. CIT v. Silver Line and Anr.: 283 CTR 148 (Del), ACIT v. Hotel Blue Moon
The Tribunal held that the issuance of a notice under section 143(2) is a mandatory procedural requirement for assessments framed under sections 143(3) and 144. Failure to issue this notice renders the assessment invalid...
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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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