M/S Bandanthamma Mathu Kalamma Trust, Mysore vs. Income Tax Officer Ward-1(4), Mysore
In the result, the appeals filed by the assessee are allowed
ITA 1764/BANG/2018[2011-12]Status: DisposedITAT Bangalore26 Feb 2020AY 2011-12
Bench: Shri Chandra Poojari, Am & Smt.Beena Pillai, Jm
For Appellant: Sri. Narendra Sharma, AdvocateFor Respondent: Sri.Manjeet Singh, Addl.CIT-DR
Section 12ASection 143Section 143(3)Section 147Section 148Section 2
…the subsequent proceedings would not result in a valid assessment even if the assessee had filed the return. Reliance is placed on the parity of reasoning of the decision of the Hon'ble Calcutta High Court in the case of CIT Vs. Bibhuti Bhusan Mallick [1987] 165 ITR 107. [iii] It is further submitted that a valid notice is sine qua non for assumption of a valid jurisdiction and subsequent proceedings. Reliance is placed on the parity of reasoning of the decision of the Hon'ble Allahabad High Court in the case of Sri Nath Suresh Chand Ram Naresh Vs. CIT, reported in [206] 280 ITR 396. [iv] In view of the above su…