ITAT Visakhapatnam Judgments — March 2026

The Tribunal held that the notice under Section 143(2) is mandatory even in reassessment proceedings initiated under Section 148. Failure to issue this notice within the prescribed time limit vitiates the assessment.

The Tribunal held that the AO had a statutory obligation to consider the return of income filed by the assessee during the assessment proceedings, even if belated. Furthermore, the assessment order passed without issuing a notice under Section 143(2) of the Act was invalid.

The Tribunal condoned the delay in filing the appeal due to the assessee's medical condition. The Tribunal admitted additional grounds of appeal concerning the validity of the notice under section 148. Citing various High Court and Supreme Court judgments, the Tribunal held that the notice issued under section 148 was barred by limitation as per the first proviso to section 149(1) of the Act. Consequently, the assessment order was quashed.