M.K Rajendran Pillai, Pathanamthitta vs. Assistant Commissioner of Income Tax, Central Circle, Kollam
In the result the appeals for AYs 2012-13 to 2017-18 stand partly allowed whereas the appeal for AY 2018-19 stands allowed on legal grounds in terms of our above order
ITA 586/COCH/2022[2018-2019]Status: DisposedITAT Cochin20 Jan 2023AY 2018-2019
Bench: Hon’Ble Shri Satbeer Singh Godara, J.M. & Hon’Ble Shri Manoj Kumar Aggarwal, A.M.
For Appellant: Shri Sajjan Kumar Tulsiyan (Advocate)-Ld. ARFor Respondent: Smt. J.M Jamuna Devi (Addl. CIT) – Ld. DR
Section 143(3)Section 144Section 153ASection 245C(1)
…ding with the assessment. Secondly, mandatory statutory notice u/s 143(2) has not been issued by Ld. AO which would invalidate assessment proceedings as per settled legal position including the decision of Hon’ble Karnataka High Court in CIT vs. Gouthamchand (17 Taxmann.com 46) besides various other decisions of Tribunal. In this decision, Hon’ble Court held that it is pre-condition to issue notice u/s 143(2) irrespective of fact whether the assessment has been framed u/s 143(3) or u/s 144. In the present case, the assessee has filed return of income which has been taken note of by Ld. AO. However, before expiry…