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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

Bhamraram S. Purohit, Vasai vs. The ITO Ward-19(1)(2), Mumbai

In the result, appeal by the assessee is allowed for statistical purpose in the terms aforesaid

ITA 1553/MUM/2020[2011-12]Status: DisposedITAT Mumbai24 May 2022AY 2011-12

Bench: Shri Vikas Awasthy & Shri Amarjit Singh आअसं.1553/मुं/2020 ("न.व. 2011-12) Bhamraram S. Purohit, Unit No.4, Royal Industrial Hub, Plot No.A/31, Kaman Bhiwandi Road, Kaman Road, Nr Jain Mandir, Basai(E), Thane 401 208. Pan: Bbspp-0249-L ...... अपीलाथ" /Appellant बनाम Vs. The Income Tax Officer, Ward 19(1)(2), 2Nd Floor, Room No.204, Matru Mandir,Tardeo, Mumbai 400 007. ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : None ""तवाद" "वारा/Respondent By : Shri C.T.Mathews सुनवाई क" "त"थ/ Date Of Hearing : 24/05/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 24/05/2022 आदेश/ Order Per Vikas Awasthy, Jm:

For Appellant: NoneFor Respondent: Shri C.T.Mathews
Section 144

been received back unserved from the Postal Authorities, therefore, it is deemed that the notices have been duly served on the assessee. Despite service of notice neither the assessee nor any Authorized Representative of the assessee has ever appeared to defend the appeal. 3. A perusal of the assessment order ... opportunity of hearing to the assessee in accordance with law. 5. The assessee is directed to make submissions before the CIT(A) after service of notice, without fail. In case the assessee fails to respond to the notice issued by CIT(A), the CIT(A) shall be at liberty

Arti Shailen Topiwala, Mumbai vs. The Income Tax Officer 25(2) (1), Mumbai

In the result, appeal by assessee is allowed for statistical purpose, in the terms aforesaid

ITA 45/MUM/2022[2013-14]Status: DisposedITAT Mumbai18 May 2022AY 2013-14

Bench: Shri Vikas Awasthy & Shri S.Rifaur Rahman आअसं.45/मुं/2022 ("न.व. 2013-14) Arti Shailen Topiwala, 3A, Chandravilla Apartment, Gulmohar X Road No.5, Vile Parle(W), Mumbai 400 049. Pan: Aacpt-3505-D ...... अपीलाथ" /Appellant बनाम Vs. The Ito-25(2)(1), Mumbai – 400 020. ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Jitendra Singh ""तवाद" "वारा/Respondent By : Shri Mehul Jain सुनवाई क" "त"थ/ Date Of Hearing : 18/05/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 18/05/2022 आदेश/ Order

For Appellant: Shri Jitendra SinghFor Respondent: Shri Mehul Jain
Section 144

issued to the assessee on five occasions, but the assessee failed to respond to any of the notices. No submissions were made despite service of notices. The ld.Departmental Representative further pointed that even before the Assessing Officer assessee failed to appear, hence, the Assessing Officer had to pass assessment order ... hearing to the assessee, in accordance with law. 3 5. The assessee is directed to make submissions before the CIT(A) after service of notice of hearing without fail. In case, the assessee fails to respond to the notice issued by CIT(A), the CIT(A) shall be at liberty

Axis Spaces Pvt. Ltd, Mumbai vs. DCIT14(1) (1), Mumbai

In the result, appeal by assessee is allowed for statistical purpose, in the terms aforesaid

ITA 16/MUM/2022[2014-15]Status: DisposedITAT Mumbai18 May 2022AY 2014-15

Bench: Shri Vikas Awasthy & Shri S.Rifaur Rahman आअसं.16/मुं/2022 ("न.व. 2014-15) Axis Spaces Private Limited, Level 8 Centrum House, Vidyanarari Kalina, Santacruz(E), Mumbai- 400 098. Pan: Aabct-7014-P ...... अपीलाथ" /Appellant बनाम Vs. Acit(Osd) Tds-1, Qureshi Mansion, Ground Floor, Teen Hath Naka, Gokhale Road, Naupada, Thane (West) – 400 602 ..... ""तवाद"/Respondent अपीलाथ" "वारा/ Appellant By : Shri Bhupendra Shah ""तवाद" "वारा/Respondent By : Shri Mehul Jain सुनवाई क" "त"थ/ Date Of Hearing : 18/05/2022 घोषणा क" "त"थ/ Date Of Pronouncement : 18/05/2022 आदेश/ Order

For Appellant: Shri Bhupendra ShahFor Respondent: Shri Mehul Jain

repeated notices were issued to the assessee. The assessee failed to appear before the CIT(A) on the date and time fixed despite service of notice. 4. Both sides heard. The CIT(A) has dismissed the appeal of assessee in- limine by following the order in the case ... make submissions to the assessee, in accordance with law. 5. The assessee is directed to make submissions before the CIT(A) after service of notice of hearing, without fail. In case assessee fails to respond to the notice served by CIT(A), the CIT(A) is at liberty to take