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“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

Neelachal Gramya Bank, Bhubaneswar vs. Principal CIT-1, Bhubaneswar

In the result, appeal of the assessee stands dismissed

ITA 143/CTK/2021[2013-14]Status: DisposedITAT Cuttack07 Feb 2023AY 2013-14

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year : 2-13-14 Neelachal Neelachal Gramya Gramya Vs. Pr. Cit-1, Bank,(Succeeded By Odisha Bank,(Succeeded By Odisha Bhubaneswar Bhubaneswar Gramya Bank), Head Office, Gramya Bank), Head Office, Gandamunda, Gandamunda, Khandagiri, Khandagiri, Bhubaneswar. Bhubaneswar. Pan/Gir No. Pan/Gir No.Aaaln 0450 F (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri B.K.Mahapatra, Ca B.K.Mahapatra, Ca Revenue By : Shri M.K.Gautam, M.K.Gautam, Cit Dr Date Of Hearing : 7/02 2/2023 Date Of Pronouncement : 7/02 2/2023 O R D E R Per Bench This Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld Pr. Cit Passed Cit Passed U/S.263 U/S.263 Of Of The The Act, Act, Dated 27.4.2020 27.4.2020 In Appeal No.Itba/Com/F/17/2020 /F/17/2020-21/1026986050(1) For The Assessment Year For The Assessment Year 2013- 14. 2. Shri B.K.Mahapatra, Ld Ar Appeared For The Assessee & Shri Shri B.K.Mahapatra, Ld Ar Appeared For The Assessee & Shri Shri B.K.Mahapatra, Ld Ar Appeared For The Assessee & Shri M.K.Gautam, Ld Cit Dr Appeared For The Revenue. M.K.Gautam, Ld Cit Dr Appeared For The Revenue.

For Appellant: Shri B.K.Mahapatra, CAFor Respondent: Shri M.K.Gautam
Section 143(3)Section 194HSection 263

granted to the assessee. It would also be advisable to send notice of hearing through atleast two of the various modes of service of notice as provided under the provisions of section 282 of the Act. It is an admitted fact that email normally sent sometimes goes to the spam

Scb Steel P.Ltd (Formerly Cbs Energy Systems Private Limited), New Delhi vs. ACIT, Circle-5(2), New Delhi

In the result, appeal of the assessee is allowed for 9

ITA 7682/DEL/2019[2010-11]Status: DisposedITAT Delhi07 Feb 2023AY 2010-11

Bench: Sh. Anil Chaturvedi & Sh. Narender Kumar Choudhryscb Steel Pvt. Ltd. Vs. Acit (Formerly Cbs Energy Circle – 5(2) Systems Private Limited) New Delhi C/O. S. B. Garg & Co., Cas, 20/17, Shakti Nagar, New Delhi-110 007 Pan No. Aadcc 2468 C (Appellant) (Respondent) Assessee By Shri Sachin Kumar, C.A. Revenue By Shri B. M. Singh, Sr. D.R. Date Of Hearing: 31.01.2023 Date Of Pronouncement: 07.02.2023 Order Per Anil Chaturvedi, Am : This Appeal Filed By The Assessee Is Directed Against The Order Dated 20.07.2019 Of The Commissioner Of Income Tax (Appeals)-2, New Delhi Relating To Assessment Year 2010-11. 2. Brief Facts Of The Case As Culled Out From The Material On Record Are As Under :-

Section 143(1)Section 143(2)Section 143(3)Section 147Section 148

assessment order framed u/s 147/148 of the Act. He submitted that before CIT(A) assessee had raised a plea about non service of notice u/s 143(2) & 148 of the Act and had filed written submissions. He submitted that on the grounds raised by assessee, CIT(A) had called ... shows that the ground No. 1 of the challenge of assessment order before the ld CIT(A) was in regard to non service of notice and not giving opportunity of hearing and taking into consideration ex parte evidence. This was adjudicated by the ld CIT(A) with following finding

Nirav Bipinbhai Vaghasiya, Surat vs. Income Tax Officer, Ward 3(2)(1), Surat

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

ITA 90/SRT/2022[2018-19]Status: DisposedITAT Surat16 Jan 2023AY 2018-19

Bench: Shri Pawan Singhआ.अ.सं./Ita No.90/Srt/2022 (Ay 2018-19) (Hearing In Physical Court) Nirav Bipinbhai Vaghasiya Income Tax Officer, 59, Shradha Deep Society, Ward-3(2)(1), Surat Vs Singanpore, Causewayroad, Ved Road, Surat-395004 Pan No: Amupv 4454 H अपीलाथ"/Appellant ""यथ" /Respondent "नधा"रती क" ओर से /Assessee By None राज"व क" ओर से /Revenue By Shri Vinod Kumar, Sr-Dr सुनवाई की तारीख/Date Of Hearing 04.01.2023 उ"घोषणा क" तार"ख/Date Of 16.01.2023 Pronouncement Order Under Section 254(1) Of Income Tax Act Per Pawan Singh: 1. This Appeal By Assessee Is Directed Against The Order Of National Faceless Appeal Centre, Delhi [For Short To As “Nfac”/Ld.Cit(A) Dated 28.12.2021 For Assessment Year 2018-19, Which In Turn Arises Out Assessment Order Passed By Asst. Director Of Income Tax, Centralized Processing Centre (Cpc) Bengaluru Under Section 143(1) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 23.10.2019. The Assessee Has Raised The Following Grounds Of Appeal:- “1. In Law & In Facts & Circumstances Of The Case, The Learned Cit(A) National Faceless Appeal Centre Erred In Not Allowing Tds Nirav B Vaghasiya Credit Of Rs.2,21,000 Though The Same Is Duly Reflected In Form No 26As Of The Appellant. 1.1 In Law & In Facts & Circumstances Of The Case, The Learned Cit(A) National Faceless Appeal Centre Erred In Not Allowing The Tds Credit Of Rs.2,21,000 Though The Capital Gain On Sale Of Property Was Offered For Taxation In The Hands Of Partnership Form & No Revenue Loss Incurred To The Department. 1.2 In Law & In Facts & Circumstances Of The Case, The Learned Cit(A) National Faceless Appeal Centre Erred In Not Allowing Tds Credit To The Appellant Though No Income Against Such Tds Credit Was Earned By The Appellant Against Such Tds Credit.

Section 143(1)Section 154Section 194ISection 254(1)

rightly denied by CPC. Further aggrieved, the assessee has filed present appeal before Tribunal. 6. None, appeared on behalf of assessee despite service of notice of hearing through Registered Postal Acknowledgement Due (RPAD) on more than two occasion. Therefore, I left no option, but to decide the appeal