← All Phrases

“service of notice”

ReassessmentSection 148Section 1483,297 judgments

The decision most relied on for service of notice is Earthmoving Equipment Service Corporation v. DCIT 22(2), Mumbai (84 Taxmann.com 51), cited in 263 judgments on BharatTax.

Leading authorities on service of notice

Earthmoving Equipment Service Corporation v. DCIT 22(2), Mumbai
84 Taxmann.com 51 · 2017 · ITAT
263
citing judgments

A penalty levied under Section 271(1)(c) for concealment of income or furnishing inaccurate particulars cannot be deleted merely due to technical defects in the penalty notice, such as not ticking the specific default, if the assessee understood the charges.

CIT v. Laxman Das Khandelwal
417 ITR 325 · 2019 · Supreme Court
225
citing judgments

Issuance of a notice under Section 143(2) is a mandatory requirement for completing an assessment when a return is filed, including reassessment under Section 147/143(3). The complete absence of this notice renders the assessment invalid and is not curable by Section 292BB.

1. S. S. Gadgil v. Lal & Co.
53 ITR 231 · 1964 · Supreme Court
158
citing judgments

Income-tax assessment proceedings are administrative in nature, not civil disputes or judicial proceedings between contesting parties. Income-tax authorities act as administrative bodies to estimate income and assess tax, and the proper service of notice within the limitation period is foundational for reassessment jurisdiction.

Munjal BCU Centre of Innovation and Entrepreneurship v. CIT (Exemptions)
463 ITR 560 · 2024 · High Court
75
citing judgments

Service of notice through the ITBA portal is not a valid method of service under section 282(1) of the Income-tax Act, 1961, and Rule 127(1) of the Income-tax Rules, 1962. Consequently, matters where notice was deemed invalidly served via ITBA portal are remanded to the Assessing Officer for a de novo disposal to uphold principles of natural justice.

Narayana Chetty v. ITO
35 ITR 388 · 1959 · Supreme Court
73
citing judgments

A valid and properly served notice under section 148 (or old section 34) is a mandatory and jurisdictional prerequisite for initiating reassessment proceedings; its absence or invalidity renders the entire proceedings illegal and void ab initio. The validity of service hinges on adherence to prescribed modes, not merely the recipient's acknowledgment.

Mavis Satcom Ltd. v. Deputy CIT
337 ITR 389 · 2011 · High Court
68
citing judgments

The present case is cited as authority for the proposition that notices issued under Section 148 of the Income-tax Act, 1961, are valid even if they do not refer to the reasons recorded for initiating reassessment proceedings, provided the reasons are communicated to the assessee. Furthermore, the issue of jurisdiction under Section 124(3) and the validity of notice under Section 143(2) are also key areas addressed.

CIT v. Gitsons Engineering Co.
370 ITR 87 · 2015 · High Court
68
citing judgments

The issuance of a notice under Section 143(2) is mandatory, and its non-service or invalidity is not a curable procedural irregularity, rendering subsequent assessment proceedings void. Objections regarding non-service of notice, being a jurisdictional issue, can be raised for the first time before the Tribunal.

Banarsi Debi v. ITO
53 ITR 100 · 1964 · Supreme Court
63
citing judgments

For income-tax notices, particularly under Section 34(1) of the 1922 Act (corresponding to Sections 147/148 of the 1961 Act), there is no real distinction between the 'issue' and 'service' of a notice. The word 'issued' must be given a wider meaning, effectively encompassing 'served'.

Judgments citing service of notice

Sunil Kumar Singh, New Delhi vs. Income Tax Officer, Ward 60(2), New Delhi

In the result, appeal of the assessee is allowed for statistical purposes

ITA 205/DEL/2024[2012-13]Status: HeardITAT Delhi25 Apr 2024AY 2012-13

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishraआअसं.205/िद"ी/2024 (िन.व. 2012-13) Sunil Kumar Singh, S/172, S Block, Pandav Nagar, New Delhi 110092 ...... अपीलाथ"/Appellant Pan: Bbfps-2668-B बनाम Vs. Income Tax Officer, Ward 60(2), Room No. 307, F Block, Vikas Bhawan, New Delhi 110002 ..... "ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Shri Tarun Chanana, Advocate "ितवादी"ारा/Respondent By : Shri Anuj Garg, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 25/04/2024 घोषणा क" ितिथ/ Date Of Pronouncement : 25/04/2024 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [In Short ‘The Cit(A)] Dated 20.11.2023, For The Assessment Year 2012-13. 2. Shri Tarun Chanana, Appearing On Behalf Of The Assessee Submitted At The Outset That This Appeal Is Against An Ex-Parte Order Passed By The Cit(A). He

For Appellant: Shri Tarun Chanana, AdvocateFor Respondent: Shri Anuj Garg, Sr. DR
Section 144Section 148

submissions to the assessee, in accordance with law. The assessee is directed to provide his current/functional email id to the AO for 3 service of notice. Upon service of notice, the assessee shall make submissions before the AO without fail. 5. In the result, appeal of the assessee is allowed

Anoop Nopany, Kolata vs. ITO, Ward 40(1), Kolkata

In the result, the appeal of the assessee stands allowed

ITA 1381/KOL/2023[2014-15]Status: DisposedITAT Kolkata23 Apr 2024AY 2014-15

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A. No.1381/Kol/2023 Assessment Year: 2014-15 Anoop Nopany………………….…….…................…...……………....Appellant P-39, 2Nd Floor, Princep Street, Kolkata- 700072. [Pan: Abfpn3215L] Vs. Ito, Ward-40(1), Kolkata….....…..........................................…..…..... Respondent Appearances By: Shri Narendra Kedia, Ar, Appeared On Behalf Of The Appellant. Shri Sanjay Paul, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 19, 2024 Date Of Pronouncing The Order : April 23, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 19.07.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. That On The Facts & In The Circumstances Of The Case, Ld. Cit(Appeal) Nfac, Failed To Notice That Assessment Order Dated 31.12.2018 Passed Under Section 143(3)/263 Of The Act Is Bad In Law, Void Ab-Initio, Lacks Jurisdiction Since Original Assessment Order Dated 30.12.2016 Passes U/S 143(3) Was Bad In Law, Void Ab Initio. & Consequentially Any

Section 143(3)Section 250Section 263

points raised by the appellant partly, did agree with the contention mainly with regard to the observations of the mandatory requirement of service of notice upon the appellant resulting in the passing of the order under Section 147 of the Act and held that if the order under Section

Chandravadan Desai, Kolkata vs. ITO, Ward-7(2), Kolkata

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

ITA 674/KOL/2023[2014-15]Status: DisposedITAT Kolkata17 Apr 2024AY 2014-15

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 674/Kol/2023 Assessment Year: 2014-15 Chandravadan Desai Income Tax Officer, Ward-7(2), Sb Tower, 3Rd Floor Vs Kolkata 37, Shakespeare Sarani Circus Avenue S.O. Kolkata - 700017 [Pan : Aabdh5812Q] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Akkal Dudhewala, A.R. Revenue By : Shri Abhijit Kundu, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 06/02/2024 घोषणा क" तारीख /Date Of Pronouncement: 17/04/2024 आदेश/O R D E R Per Dr. Manish Borad: This Appeal At The Instance Of The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi (In Short ‘Ld. First Appellate Authority’) Dt. 09/05/2023 Which Is Arising Out Of The Assessment Order U/S 143(3) Of The Income-Tax Act, 1961 (Hereinafter ‘The Act’), Dt. 30/12/2016 Relevant To Assessment Year 2014-15 Framed By Acit, Circle-32, Kolkata. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1. For That On The Facts & In The Circumstances Of The Case, The Lower Authorities Inspite Of Being Aware That Chandravadan Desai Huf Had Been Partitioned & Had Ceased To Exist Upon Its Partition On The 26Th Day Of March 2014 & The Impugned Penalty Order Passed By The Ao In The Name Of Chandravadan Desai Huf, A Non-Existent Person Was Invalid & Therefore The Order Deserves To Be Cancelled.

For Appellant: Shri Akkal Dudhewala, A.RFor Respondent: Shri Abhijit Kundu, CIT, D/R
Section 143(2)Section 143(3)Section 271(1)(c)

filed its return of income on 28/07/2014 declaring Nil income. Case selected for scrutiny under CASS followed by issuance and service of notice u/s 143(2) & 142(1) of the Act. Various details as called for were filed along with producing documents and books of accounts. The ld. Assessing Officer