ITAT Mumbai Judgments — February 2022

The Tribunal held that the non-issuance of a notice under section 143(2) is a jurisdictional defect and renders the assessment liable to be quashed. The lower authorities' reasoning for dispensing with the notice was found unsustainable.

The Tribunal held that the assessee had complied with the conditions of Section 54, as payments were made within the stipulated time and the delay in possession was due to the builder. Therefore, the deduction could not be denied.