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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

G. Basavapoorna, Salem vs. ACIT, Salem

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

ITA 915/CHNY/2020[2009-10]Status: DisposedITAT Chennai16 Sept 2022AY 2009-10

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No. 915/Chny/2020 िनधा"रण वष"/Assessment Year:2009-10 Vs. The Assistant Commissioner Of G. Basavapoorna (Individual), 12, Murugan Nagar, Raman Nagar Po, Income Tax, Circle Iii Mettur Dam, Salem District, Salem. Tamil Nadu 636 403. [Pan:Aeppb0023F] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : None ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 10.08.2022 घोषणा की तारीख /Date Of Pronouncement : 16.09.2022 आदेश /O R D E R Per V. Durga Rao,: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), Salem, Dated 16.09.2020 Relevant To The Assessment Year 2009-10. Besides Challenging Reopening Of Assessment Under Section 147 Of The Income Tax Act, 1961 [“Act” In Short], The Assessee Has Disputed Confirmation Of Unexplained Investments Under Section 69A Of The Act.

For Appellant: NoneFor Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 133ASection 142(1)Section 144Section 147Section 148Section 44ASection 69A

assessee. 3. On being aggrieved, the assessee is in appeal before the Tribunal. None appeared on behalf of the assessee despite service of notice 3 I.T.A. No.915/Chny/20 through RPAD. However, the assessee has filed written submissions. Hence, we proceed to decide the appeal on merits after hearing

Dlh Kamla Developers, Mumbai vs. DCIT CC- 3(4), Mumbai

ITA 1373/MUM/2019[2013-14]Status: DisposedITAT Mumbai22 Aug 2022AY 2013-14

Bench: Shri Amit Shukla, Jm & Shri M. Balaganesh, Am आयकरअपीलसं./ I.T.A. No. 1373 & 1374/Mum/2019 (ननधधारणवर्ा / Assessment Year: 2013-14 & 2014-15) Dcit Cen. Cir. -3(4), Dlh Kamla Developers 19Th Floor, Air India Ground Floor, Shanti बनाम/ Vimal, P. M. Road, Vile Building, Nariman Point, Vs. Parle East, Mumbai-400 021 Mumbai-400 057 स्थधयीलेखधसं./जीआइआरसं./ Pan No. Aahfd0790K (अपीलधथी/Appellant) (प्रत्यथी / Respondent) : अपीलधथीकीओरसे/ Appellant By : None प्रत्यथीकीओरसे/Respondent By : Shri T. Shankar, Ld. Dr सुनवधईकीतधरीख/ : 22.08.2022 Date Of Hearing घोर्णधकीतधरीख / : 22.08.2022 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: The Aforesaid Appeals Have Been Filed By The Assessee Against The Separate Impugned Order Of Even Date 24.12.2018, Passed By Ld. Cit(A)-51, Mumbai For The Quantum Of Assessment Passed U/S 143(3)/153A For Ay 2013-14 & Section 143(3) For Ay 2014-15. 2

For Appellant: NoneFor Respondent: Shri T. Shankar, Ld. DR
Section 131Section 132Section 132(4)Section 143(3)Section 153ASection 68

fact, therefore the same were heard together and disposed of by way of this consolidated order. 3. Despite various opportunities and service of notice, none appeared on behalf of the assessee on various dates, which was fixed for hearing and on none of the occasion assessee has responded

M/S Shreenidhi Stock & Broking, Mumbai vs. CIT (A)-2, Mumbai

In the result, impugned order is upheld and appeal by assessee is dismissed

ITA 2621/MUM/2019[2007-08]Status: DisposedITAT Mumbai02 Aug 2022AY 2007-08

Bench: Shri Vikas Awasthy & Shri M. Balaganeshआअसं. 2621/मुं/2019 ("न.व. 2007-08) M/S. Shreenidhi Stock & Broking, A-4, Shantinagar Co-Op Hsg Society Ltd., Opp.Nilgiri Hospital, S.V.Road, Malad West, Mumbai 400 064. Pan: Aakfs-0438-C ...... अपीलाथ" /Appellant बनाम Vs. Commissioner Of Income Tax (A)-2, Mumbai, Room No.529, 5Th Floor, Aaykar Bhavan, M.K.Road, Mumbai 400 020. ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : None ""तवाद" "वारा/Respondent By : Shri Hoshang B. Irani सुनवाई क" "त"थ/ Date Of Hearing : 02/08/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 02/08/2022 आदेश/ Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-2, Mumbai ( In Short ‘The Cit(A) ’) Dated 21/02/2019 For The Assessment Year 2007-08. 2. The Notice Of Hearing Of Appeal Was Repeatedly Sent To The Assessee On The Address Mentioned In Form No.36. The Notices Sent Through Rpad Were Received Back From Postal Authorities Unserved With Remarks “Unclaimed”.

For Appellant: NoneFor Respondent: Shri Hoshang B. Irani
Section 269TSection 271E

Postal Authorities unserved with remarks “unclaimed”. 2 The assessee has not bothered to furnish new/fresh address in case of change of address for service of notice. Since, the time this appeal was first listed for hearing on 01/02/2021 none appeared to represent the assessee nor any application seeking adjournment