Director of Income Tax v. Society For Worldwide Interbank Financial Telecommunications

323 ITR 249High Court2010#802 most cited

What is Director of Income Tax v. Society For Worldwide Interbank Financial Telecommunications authority for?

Reassessment proceedings are invalid if the Assessing Officer fails to issue a mandatory notice under Section 143(2) of the Income-tax Act after the assessee files a return in response to a Section 148 notice and scrutinizes that return.

128

judgments rely on this decision, according to BharatTax’s citation analysis of 367,181 Indian tax judgments — from 2015 to 2026.

Also referred to as

Director of Income Tax v. Society For Worldwide Interbank Financial Telecommunications · 323 ITR 249 · Section 143(2) notice · Section 148 reassessment · mandatory notice 143(2) · invalid reassessment proceedings · failure to issue notice 143(2) · scrutiny of return · assessment vitiated · Delhi High Court

Sections most often in play

Section 143(2)Section 147Section 148Section 143(3)Section 144Section 292BBSection 142(1)Section 144B

Issues it is cited on

section 144(1)(b)section 292bbsection 148(1)section 144(1)section 292bsection 158bcsection 292section 158bbmaterial facts necessary for assessmentsection 29reason to believeservice of notice

Judgments citing Director of Income Tax v. Society For Worldwide Interbank Financial Telecommunications

Indrani Prasad, New Delhi vs. Asst. Commissioner of Income Tax, Central Circle-3, Hyderabad

In the result, the appeal is treated as allowed”

ITA 409/HYD/2020[2010-11]Status: DisposedITAT Hyderabad21 Mar 2022AY 2010-11

Bench: Shri A.M. Alankamony & Shri S.S. Godara

For Appellant: Sri P. Murali Mohan Rao, CAFor Respondent: Sri K.Madhusudan, CIT(DR)
Section 113Section 142Section 143(2)Section 143(3)Section 158Section 271

…ITA Nos 409 and 467 of 2020 Indrani Prasad New Delhi IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘ A ‘ Bench, Hyderabad (Through Video Conferencing) Before Shri A.M. Alankamony, Accountant Member and Shri S.S. Godara, Judicial Member ITA No.409 & 467/Hyd/2020 Assessment Year: 2010-11 Smt.Indrani Prasad Vs. A.C.I.T. New Delhi Central Circle-3 PAN:AANPI5216K Hyderabad (Appellant) (Respondent) A.C.I.T. Vs. Indrani Prasad Central Circle-3 New Delhi Hyderabad PAN:AANPI5216K (Appellant) (Respondent) Assessee by: Sri P. Murali Mohan Rao, CA Revenue by: Sri K.Madhusudan, CIT(DR) Date of hearing: 10/01/2022 Dat…

Indian Clothing League(P) Ltd., Noida vs. ITO, Ward-26(2), New Delhi

In the result, the appeal filed by the assessee is allowed

ITA 505/DEL/2020[2011-12]Status: DisposedITAT Delhi21 Feb 2022AY 2011-12

Bench: Shri R.K. Pandaassessment Year: 2011-12 Indian Clothing League (P) Ltd., Vs. Ito, Rupinder Kumar Aggarwal, Ward-26(2), Advocate, B-1A/22H, New Delhi. Sector-51, Noida. Pan: Aaccv3439R (Appellant) (Respondent) Assessee By : Shri Lalit Mohan, Ca Revenue By : Shri Om Parkash, Sr. Dr Date Of Hearing : 01.02.2022 Date Of Pronouncement : 21.02.2022 Order

For Appellant: Shri Lalit Mohan, CAFor Respondent: Shri Om Parkash, Sr. DR
Section 142(1)Section 143(2)Section 143(3)Section 147Section 148

…ourt in several cases pertaining to proceedings under Section 147 has held that a notice under Section 143(2) is mandatory. [See: Alpine Electronics Asia (P.) Ltd. v. DGIT: 341 ITR 247 (Del), DIT v. Society for Worldwide Interbank Financial Telecommunication: 323 ITR 249 (Del), Pr. CIT v Shri Jai Shiv Shankar Traders Pvt. Ltd.: 282 CTR 435 (Del) and CIT v. Rajeev Verma: 336 ITR (All)]. It is also relevant to note that clause (b) of the proviso to Section 14 148(1) of the Act also specifically extends the period for issuance of notice under Section 143(2) of the Act. 11. Mr Jain’s contention that a belated return…

ACIT, Circle-19(2), New Delhi vs. P & R Infraprojects Ltd, New Delhi

In the result, the appeal filed by the Revenue is dismissed

ITA 4944/DEL/2018[2009-10]Status: DisposedITAT Delhi07 Jan 2022AY 2009-10
For Appellant: Shri V.K. Agarwal, ARFor Respondent: Shri Parikshit Singh, Sr. DR
Section 133ASection 143(2)Section 143(3)Section 147Section 148Section 68

…0, the date on which the Assessee informed the AO that the return originally filed should be treated as the return filed pursuant to the notice under Section 148 of the Act. 15 13. In DIT v. Society for Worldwide Interbank Financial Telecommunications (2010) 323 ITR 249 (Del), this Court invalidated an reassessment proceedings after noting that the notice under Section 143(2) of the Act was not issued to the Assessee pursuant to the filing of the return. In other words, it was held mandatory to serve the notice under Section 143(2) of the Act only after the return filed by the Assessee is actually scrutinised by…

Shri Rai Singh Sihag, Jaipur vs. Income Tax Officer, Ward-3-1, Jaipur

In the result, this appeal of the assessee is allowed

ITA 441/JPR/2019[2007-08]Status: DisposedITAT Jaipur15 Nov 2021AY 2007-08

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 441/Jp/2019 Assessment Year: 2007-08 Shri Rai Singh Sihag, Cuke I.T.O. Vs. B-105, Vaishali Nagar, Ward- 3(1), Jaipur. Jaipur. Pan No.: Bgvps 4485 F Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Ashok Kr. Gupta & Shri S.L. Jain (Advs.) Jktlo Dh Vksj Ls@ Revenue By :Shri A.S. Nehra (Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 02/11/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 15/11/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. The Present Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Cit(A)-1, Jaipur Dated 13/07/2017 For The A.Y. 2007-08. Following Grounds Have Been Taken By The Assessee: “1. The Reasons For Reopening Of The Assessment Not Valid :- That On The Facts & In The Circumstances Of The Case Ld. Ao Has Grossly Erred In Law & Facts In Invoking Action U/S 147.The Notice For Reassessment Is So Hastily Issued Without Examining The Correct Factual & Legal Position. The Action For Reassessment Is Often Made Without Application Of Mind Fairly & Objectively The Ao. Lakhmani Mewal Das 103 Itr 437 (Sc)

For Appellant: Shri Ashok kr. Gupta &For Respondent: Shri A.S. Nehra (Addl.CIT)
Section 143(2)Section 147Section 148Section 151Section 234ASection 68

…. In our case also, the return 12 ITA 441/JP/2019_ Shri Rai Singh Sihag Vs ITO was filed after the issue of notice u/s 142(1), thus is squarely covered by the decision of Hon'ble Delhi high court, as stated above. Further reliance is placed on the following: 323 ITR 249 - DIT V/s Society for Worldwide Inter Bank Financial Telecommunications (Delhi) (Case laws Paper book pages 49-50) Assessment - Enquiry - Notice - Only upon Examination of Return - Notice u/s 143(2) served upon assessee before filing of Return - Not valid - Assessment completed on basis of Notice invalid - Income Tax Act, 1961, s. 143(2) 90 DTR…

Treta E Technologies Company Pvt Ltd, Gurgaon vs. ACIT Circle-25(2), New Delhi

In the result, the appeal is partly allowed for statistical purposes

ITA 9734/DEL/2019[2010-11]Status: DisposedITAT Delhi24 Sept 2021AY 2010-11

Bench: Shri R.K. Panda & Shri Vijay Pal Raoआ.अ.सं/.I.T.A No.9734/Del/2019 िनधा"रणवष"/Assessment Year:2010-11 बनाम Treta E Technologies Company Pvt. Ltd. Acit Ca M.R. Sahu, M Sahu & Associates, Ca Vs. Circle 25(2) H.No. 651, Ff, Sector-10A, Room No. 196A, Near Meenakshi Public School, C.R. Building, Gurgaon, Haryana. New Delhi. Pan No. Aadct1733B अपीलाथ" Appellant ""यथ"/Respondent

Section 147Section 148Section 151

…onal notice issued u/s 143(2) is invalid and makes the whole reassessment proceedings as bad in law. He has relied upon the judgment of Hon’ble Jurisdictional High Court in the case of DIT Vs. Society for Worldwide Inter Bank Financial, Telecommunications 323 ITR 249. The Ld. AR has pointed out that the assessee filed the return of income on 14.11.2017 and Assessing Officer has issued notice u/s 143(2) on 16.11.2017 which shows that the notice u/s 143(2) was issued by the Assessing Officer without verification of the return of income filed by the assessee. He has also referred to the order sheet entries of…

Hemant Mittal, Hisar vs. ITO Ward-2, Hisar

In the result, appeal of the assessee is allowed

ITA 5161/DEL/2019[2010-11]Status: DisposedITAT Delhi27 May 2020AY 2010-11

Bench: Ms. Suchitra Kamble & Shri Prashant Maharishiassessment Year: 2010-11 Shri Hemant Mittal Vs The Income Tax Officer 520/1 Priti Nagar Ward -2 Hissar Hissar Haryana Haryana . Pan : Arlmp1022E (Appellant) (Respondent) Assessee By Shri Gautam Jain , Advocate Revenue By Shri R . K. Gupta Sr Dr

Section 143Section 147Section 148Section 234ASection 68

…of the assessment that statutory notice u/s143 (2) of the act was issued on the date of filing of the return of income. Assessee relied upon the decision of honourable Delhi High Court in CIT versus Society for worldwide Interbank financial telecommunication [323 ITR 249] and several other decisions of SMC benches. The assessee submits that the ground number [2]is being raised as it is evident from the order of assessment that the additions are beyond the scope of present proceedings u/s147 read with section 143 (3) of the act as they had to be confined to the reasons recorded u/s147 of the act. It is submitted t…

Ananya Portfolio Pvt Ltd, New Delhi vs. ITO Ward - 2(4), New Delhi

In the result, appeal of assessee is allowed

ITA 1484/DEL/2019[2010-11]Status: DisposedITAT Delhi20 Feb 2020AY 2010-11

Bench: Shri H.S. Sidhu

For Appellant: Sh. Ravi Pratap Mall, Advocate & ShFor Respondent: Sh. Pradeep Singh Gautam, Sr. DR
Section 132(1)Section 143(1)Section 143(2)Section 147Section 148Section 153C

…that the said additional ground no. 1 i.e. the issue in dispute is covered in favour of the assessee by the decision of the Hon’ble Delhi High Court in the case of Director of Income Tax vs. Society for Worldwide Interbank Financial Telecommunications (2010) 323 ITR 249 (Del.). He further stated that the ITAT, Delhi Bench has adjudicated and decided the similar issue in favour of the assessee by deleting the addition and declaring notice u/s. 143(2) of the Act as invalid and resultantly the reassessment was quashed. In support of his contention, he filed a Paper Book containing pages 1-222 in which he has attach…

Ananya Portfolio Pvt Ltd, New Delhi vs. ITO Ward - 2(4), New Delhi

In the result, appeal of assessee is allowed

ITA 1483/DEL/2019[2009-10]Status: DisposedITAT Delhi20 Feb 2020AY 2009-10

Bench: Shri H.S. Sidhu

For Appellant: Sh. Ravi Pratap Mall, Advocate & ShFor Respondent: Sh. Pradeep Singh Gautam, Sr. DR
Section 132(1)Section 143(1)Section 143(2)Section 147Section 148Section 153C

…that the said additional ground no. 1 i.e. the issue in dispute is covered in favour of the assessee by the decision of the Hon’ble Delhi High Court in the case of Director of Income Tax vs. Society for Worldwide Interbank Financial Telecommunications (2010) 323 ITR 249 (Del.). He further stated that the ITAT, Delhi Bench has adjudicated and decided the similar issue in favour of the assessee by deleting the addition and declaring notice u/s. 143(2) of the Act as invalid and resultantly the reassessment was quashed. In support of his contention, he filed a Paper Book containing pages 1-222 in which he has attach…

Charbuja Marmo (India) Pvt. Ltd., Delhi vs. Pr.CIT- 2, New Delhi

In the result, appeal of Assessee allowed

ITA 4749/DEL/2019[2010-11]Status: DisposedITAT Delhi31 Dec 2019AY 2010-11

Bench: Shri Bhavnesh Saini & Shri B.R.R. Kumar

For Appellant: Shri Kapil Goel, AdvocateFor Respondent: Ms. Nidhi Srivastava, CIT-DR
Section 143(1)Section 147Section 148Section 151Section 263

…ssessment proceedings under section 148 of the I.T. Act. Learned Counsel for the Assessee also relied upon decision of the Hon’ble Delhi High Court in the case of Director of Income Tax vs. Society for Worldwide Interbank Financial Telecommunication (2010) 323 ITR 249 (Del.) in which it was held that “notice under section 143(2) was simultaneously issued on filing of the return of income, therefore, it is bad in law and invalid”. Learned Counsel for the Assessee relied upon decision of Hon’ble Supreme Court in the case of ACIT & Another vs. 27 ITA.No.4749/Del./2019 M/s. Charbuja Marmo (India) Pvt. Ltd., Delh…

Ramakant Sharma, Jaipur vs. ITO, Jaipur

In the result, appeal of the assessee is allowed

ITA 264/JPR/2017[2007-08]Status: DisposedITAT Jaipur02 Dec 2019AY 2007-08

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 264/Jp/2017 Assessment Year: 2007-08 Shri Ramakant Sharma, Cuke I.T.O., Vs. S/O- Shri Ramesh Chand Sharma, 1 Ward-3(5), Vimal Kunaj, Vidyut Nagar, Behind Jaipur. Bharat Petrol Pump, Jaipur. Pan No.: Bjrps 5130 A Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri Vedant Agarwal (Adv) & Shri Satish Gupta (Ca) Jktlo Dh Vksj Ls@ Revenue By : Shri Ambrish Bedi (Cit-Dr) Lquokbz Dh Rkjh[K@ Date Of Hearing : 26/11/2020 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 07/12/2020 Vkns'K@ Order Per: Sandeep Gosain, J.M. The Present Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Cit(A)-1, Jaipur Dated 05/12/2016 For The A.Y. 2007-08. Following Grounds Have Been Taken By The Assessee: “1. On The Facts & Circumstances Of The Case & In Law Also Ld. Lower Authorities Grossly Erred In Initiating Reassessment Proceedings U/S 147 Of The Act. 2. On The Facts & Circumstances Of The Case & In Law Also Ld. A.O. Grossly Erred In Resuming Jurisdiction Without Serving Notice U/S 148 On The Appellant Assessee As Notice Issued U/S 148 Was Not Served On The Appellant.

For Appellant: Shri Vedant Agarwal (Adv) &For Respondent: Shri Ambrish Bedi (CIT-DR)
Section 143(2)Section 147Section 148Section 50CSection 50C(2)

…, in absence of which assessment was held invalid. In our case also, the return was filed after the issue of notice u/s 142(1), thus is squarely covered by the decision of Hon'ble Delhi high court, as stated above. Further reliance is placed on the following: 323 ITR 249 - DIT V/s Society for Worldwide Inter Bank Financial Telecommunications (Delhi) (Case laws 14 ITA 264/JP/2017_ Ramakant Sharma Vs ITO Paper book pages 49-50) Assessment - Enquiry - Notice - Only upon Examination of Return - Notice u/s 143(2) served upon assessee before filing of Return - Not valid - Assessment completed on basis of Notice invali…

Sri Ujjal Dutta, Birbhum vs. ITO, Ward - 3(1), Suri, Birbhum

Appeals are allowed in above terms

ITA 2209/KOL/2017[2005-06]Status: DisposedITAT Kolkata27 Nov 2019AY 2005-06

Bench: Shri P.M. Jagtap, V.P & Shri S. S. Godara, Jm आयकर अपीलसं./I.T.A Nos.2208 & 2209/Kol/2017 ("नधा"रण वष" / Assessment Years: 2005-06 & 2005-06) Sri Ujjal Dutta Vs. Ito, Ward-3(1), Suri Netaji Subhas Rd. Bolpur, Birbhum. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Agtpd9357Q (Appellant) .. (Respondent) Appellant By : Shri Miraj D. Shah, Ar Respondent By : Smt. Ranu Biswas, Sr. Dr सुनवाईक"तार"ख/ Date Of Hearing : 24/09/2019 घोषणाक"तार"ख/Date Of Pronouncement : 27/11/2019 आदेश / O R D E R

For Appellant: Shri Miraj D. Shah, ARFor Respondent: Smt. Ranu Biswas, Sr. DR
Section 143(2)Section 147Section 148

…, in absence of which assessment was held invalid. In our case also, the return was filed after the issue of notice u/s 142(1), thus is squarely covered by the decision of Hon'ble Delhi high court, as stated above. Further reliance is placed on the following: 323 ITR 249 - DIT V/s Society for Worldwide Inter Bank Financial Telecommunications (Delhi) (Case laws Paper book pages 49-50) Assessment - Enquiry - Notice - Only upon Examination of Return - Notice u/s 143(2) served upon assessee before filing of Return - Not valid - Assessment completed on basis of Notice invalid - Income Tax Act, 1961, s. 143(2) 90 DTR 2…

Sri Ujjal Dutta, Birbhum vs. ITO, Ward - 3(1), Suri, Birbhum

Appeals are allowed in above terms

ITA 2208/KOL/2017[2005-06]Status: DisposedITAT Kolkata27 Nov 2019AY 2005-06

Bench: Shri P.M. Jagtap, V.P & Shri S. S. Godara, Jm आयकर अपीलसं./I.T.A Nos.2208 & 2209/Kol/2017 ("नधा"रण वष" / Assessment Years: 2005-06 & 2005-06) Sri Ujjal Dutta Vs. Ito, Ward-3(1), Suri Netaji Subhas Rd. Bolpur, Birbhum. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Agtpd9357Q (Appellant) .. (Respondent) Appellant By : Shri Miraj D. Shah, Ar Respondent By : Smt. Ranu Biswas, Sr. Dr सुनवाईक"तार"ख/ Date Of Hearing : 24/09/2019 घोषणाक"तार"ख/Date Of Pronouncement : 27/11/2019 आदेश / O R D E R

For Appellant: Shri Miraj D. Shah, ARFor Respondent: Smt. Ranu Biswas, Sr. DR
Section 143(2)Section 147Section 148

…, in absence of which assessment was held invalid. In our case also, the return was filed after the issue of notice u/s 142(1), thus is squarely covered by the decision of Hon'ble Delhi high court, as stated above. Further reliance is placed on the following: 323 ITR 249 - DIT V/s Society for Worldwide Inter Bank Financial Telecommunications (Delhi) (Case laws Paper book pages 49-50) Assessment - Enquiry - Notice - Only upon Examination of Return - Notice u/s 143(2) served upon assessee before filing of Return - Not valid - Assessment completed on basis of Notice invalid - Income Tax Act, 1961, s. 143(2) 90 DTR 2…

Smt. Pushpa Joshi, Jaipur vs. Income Tax Officer, Jaipur

In the result, appeal of the assessee is allowed

ITA 963/JPR/2017[2007-08]Status: DisposedITAT Jaipur07 Oct 2019AY 2007-08
For Appellant: Shri Manish Agarwal (CA)For Respondent: Shri J.C. Kulhari (JCIT)
Section 139(1)Section 143(2)Section 143(3)Section 148Section 153A

…2010, the date on which the Assessee informed the AO that the return originally filed should be treated as the return filed pursuant to the notice under Section 148 of the Act. 13. In DIT v. Society for Worldwide Interbank Financial Telecommunications [2010] 323 ITR 249 (Delhi), this Court invalidated an reassessment proceedings after noting that the notice under Section 143(2) of the Act was not issued to the Assessee pursuant to the filing of the return. In other words, it was held mandatory to serve the notice under Section 143(2) of the Act only after the return filed by the Assessee is actually scrutinised…

Castleton Capital Ltd., New Delhi vs. ACIT, Circle- 17(1), New Delhi

In the result, appeal of assessee is allowed

ITA 4945/DEL/2017[2005-06]Status: DisposedITAT Delhi27 Sept 2019AY 2005-06

Bench: Shri H.S. Sidhucastleton Capital Ltd., Vs. Acit, Circle 17(1), 1004, Chiranjiv Tower, 43, New Delhi Nehru Place, New Delhi – 19 (Pan: Aabcv5623Q)

Section 143(2)Section 143(3)Section 147Section 148Section 151Section 68Section 69C

…IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH ‘SMC’ : NEW DELHI) BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER CASTLETON CAPITAL LTD., VS. ACIT, CIRCLE 17(1), 1004, CHIRANJIV TOWER, 43, NEW DELHI NEHRU PLACE, NEW DELHI – 19 (PAN: AABCV5623Q) Assessee By Sh. K.P. Garg, CA Revenue By Ms. Rakhi Vimal, Sr. DR. ORDER Assessee has filed this appeal against the impugned order dated 03.05.2017 passed by Ld. CIT(A)-33, New Delhi on the following grounds:- 1. That the initiation of the proceedings u/s.148 on the basis of search material found and seized from third party are contrary to law and procedure prescribed unde…

Mukand Limited, Mumbai vs. DCIT 3(2)(1), Mumbai

In the result, appeal of the assessee is partly allowed as indicated above

ITA 3670/MUM/2018[2007-08]Status: DisposedITAT Mumbai25 Sept 2019AY 2007-08

Bench: Shri C.N. Prasad, Hon'Blem/S. Mukund Limited V. Dy. Cit-3(2)(1) Aayakar Bhavan Bajaj Bhavan, 3Rd Floor M.K. Road 226 Nariman Point New Marine Lines Mumbai – 400 021 Mumbai – 400 020 Pan: Aaacm5008R (Appellant) (Respondent) Assessee By : Shri Kirit Kamdar Department By : Shri Ajay K. Ojha

For Appellant: Shri Kirit KamdarFor Respondent: Shri Ajay K. Ojha
Section 143(2)Section 143(3)Section 147Section 148

…oner of Income-tax-II, Lucknow v. Salarpur Cold Storage (P.) Ltd. (supra) also reiterate the above legal position. As far as this Court is concerned, the decision in Director of Income Tax v. Society For Worldwide Interbank Financial Telecommunications (2010) 323 ITR 249 (Del) and the recent decision in Pr. CIT v. Shri Jai Shiv Shankar Traders Pvt. Ltd. (supra) hold likewise. 23. With the legal position being abundantly clear that a reassessment order cannot be passed without compliance with the mandatory requirement of notice being issued by the AO to the Assessee under Section 143(2) of the Act, the ITAT was in…

Sakun Gems, Mumbai vs. ITO 19(3)(2), Mumbai

In the result, both the appeals of the assessee for the A

ITA 3432/MUM/2018[2011-12]Status: DisposedITAT Mumbai25 Sept 2019AY 2011-12

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

For Appellant: Shri Uttam Chand BothraFor Respondent: Shri Ajay Kumar Ojha
Section 143(2)Section 143(3)Section 145(3)Section 148Section 292B

…oner of Income-tax-II, Lucknow v. Salarpur Cold Storage (P.) Ltd. (supra) also reiterate the above legal position. As far as this Court is concerned, the decision in Director of Income Tax v. Society For Worldwide Interbank Financial Telecommunications (2010) 323 ITR 249 (Del) and the recent decision in Pr. CIT v. Shri Jai Shiv Shankar Traders Pvt. Ltd. (supra) hold likewise. 23. With the legal position being abundantly clear that a reassessment order cannot be passed without compliance with the mandatory requirement of notice being issued by the AO to the Assessee under Section 143(2) of the Act, the ITAT was in…

Sakun Gems, Mumbai vs. ITO 19(3)(2), Mumbai

In the result, both the appeals of the assessee for the A

ITA 3431/MUM/2018[2008-09]Status: DisposedITAT Mumbai25 Sept 2019AY 2008-09

Bench: Shri C.N. Prasad, Hon'Ble & Shri Rajesh Kumar, Hon'Ble

For Appellant: Shri Uttam Chand BothraFor Respondent: Shri Ajay Kumar Ojha
Section 143(2)Section 143(3)Section 145(3)Section 148Section 292B

…oner of Income-tax-II, Lucknow v. Salarpur Cold Storage (P.) Ltd. (supra) also reiterate the above legal position. As far as this Court is concerned, the decision in Director of Income Tax v. Society For Worldwide Interbank Financial Telecommunications (2010) 323 ITR 249 (Del) and the recent decision in Pr. CIT v. Shri Jai Shiv Shankar Traders Pvt. Ltd. (supra) hold likewise. 23. With the legal position being abundantly clear that a reassessment order cannot be passed without compliance with the mandatory requirement of notice being issued by the AO to the Assessee under Section 143(2) of the Act, the ITAT was in…

Nitin P. Chheda, Mumbai vs. ITO 23(1)(3), Mumbai

In the result, appeal of the assessee is partly allowed

ITA 3945/MUM/2018[2010-11]Status: DisposedITAT Mumbai26 Jul 2019AY 2010-11

Bench: Shri C.N. Prasad, Hon'Ble

For Appellant: Shri V.D. ParmarFor Respondent: Shri Chaitanya Anjaria
Section 143(1)Section 143(2)Section 143(3)Section 147Section 148Section 292B

…oner of Income-tax-II, Lucknow v. Salarpur Cold Storage (P.) Ltd. (supra) also reiterate the above legal position. As far as this Court is concerned, the decision in Director of Income Tax v. Society For Worldwide Interbank Financial Telecommunications (2010) 323 ITR 249 (Del) and the recent decision in Pr. CIT v. Shri Jai Shiv Shankar Traders Pvt. Ltd. (supra) hold likewise. 23. With the legal position being abundantly clear that a reassessment order cannot be passed without compliance with the mandatory requirement of notice being issued by the AO to the Assessee under Section 143(2) of the Act, the ITAT was in…

Nitin P. Chheda, Mumbai vs. ITO 23(1)(3), Mumbai

In the result, appeal of the assessee is partly allowed

ITA 3944/MUM/2018[2009-10]Status: DisposedITAT Mumbai26 Jul 2019AY 2009-10

Bench: Shri C.N. Prasad, Hon'Ble

For Appellant: Shri V.D. ParmarFor Respondent: Shri Chaitanya Anjaria
Section 143(1)Section 143(2)Section 143(3)Section 147Section 148Section 292B

…oner of Income-tax-II, Lucknow v. Salarpur Cold Storage (P.) Ltd. (supra) also reiterate the above legal position. As far as this Court is concerned, the decision in Director of Income Tax v. Society For Worldwide Interbank Financial Telecommunications (2010) 323 ITR 249 (Del) and the recent decision in Pr. CIT v. Shri Jai Shiv Shankar Traders Pvt. Ltd. (supra) hold likewise. 23. With the legal position being abundantly clear that a reassessment order cannot be passed without compliance with the mandatory requirement of notice being issued by the AO to the Assessee under Section 143(2) of the Act, the ITAT was in…

Mrs.Prabhaben K. Gala, Mumbai vs. ITO Ward-23(1)(3), Mumbai

In the result, appeal of the assessee is partly allowed

ITA 3943/MUM/2018[2010-11]Status: DisposedITAT Mumbai26 Jul 2019AY 2010-11

Bench: Shri C.N. Prasad, Hon'Ble

For Appellant: Shri V.D. ParmarFor Respondent: Shri Chaitanya Anjaria
Section 143(1)Section 143(2)Section 143(3)Section 147Section 148Section 292B

…oner of Income-tax-II, Lucknow v. Salarpur Cold Storage (P.) Ltd. (supra) also reiterate the above legal position. As far as this Court is concerned, the decision in Director of Income Tax v. Society For Worldwide Interbank Financial Telecommunications (2010) 323 ITR 249 (Del) and the recent decision in Pr. CIT v. Shri Jai Shiv Shankar Traders Pvt. Ltd. (supra) hold likewise. 23. With the legal position being abundantly clear that a reassessment order cannot be passed without compliance with the mandatory requirement of notice being issued by the AO to the Assessee under Section 143(2) of the Act, the ITAT was in…