Sridhar Reddy Jagan Nagari Satya., Hyderabad vs. Dy. Commissioner of Income Tax, Circle-15(1)., Hyderabad
In the result, the appeals of the assessee are allowed”
ITA 1248/HYD/2017[A.Y- 2012-13,]Status: DisposedITAT Hyderabad29 Jul 2022
Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year:2012-13 Sridhar Reddy Jagan Vs. Dy. C.I.T. Nagari Satya, Circle 15(1) Secunderabad Hyderabad Pan:Adapj3782D (Appellant) (Respondent) Assessment Year:2012-13 A.C.I.T. Vs. Sridhar Reddy Jagan Circle 15(1) Nagari Satya, Hyderabad Secunderabad Pan:Adapj3782D (Appellant) (Respondent) Assessee By: Sri P. Murali Mohan, Ca Revenue By: Sri Rajendra Kumar, Cit(Dr) Date Of Hearing: 08/06/2022 Date Of Pronouncement: 29/07/2022 Order Per R.K. Panda, A.M These Are Cross Appeals. The First One Is Filed By The Assessee & The 2Nd One Is Filed By The Revenue & Are Directed Against The Order Dated 27.3.2017 Cit (A)-7, Hyderabad Relating To The A.Y 2012-13. For The Sake Of Convenience, These Were Heard Together & Are Being Disposed Of By This Common Order.
For Appellant: Sri P. Murali Mohan, CAFor Respondent: Sri Rajendra Kumar, CIT(DR)
Section 142(1)Section 143(2)
…Court and the Apex Court, that for proper assumption of jurisdiction by the assessing officer, a valid service of notice in terms of section 282 (1) of the Act is a mandatory legal requirement. The Hon’ble Delhi High Court in the case of Hotline International 296 ITR 333 has held as under “22. As per order V, r.12 of the CPC referred to above, wherever it is practicable, the service has to be effected on defendant in person or on his agent. Admittedly, in the present case, notice under S. 148 of the Act was not tendered to the assessee nor the same was refused at all by the assessee. It is an admitted case of the…