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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

Rajasekar Dhanapal, Kancheepuram vs. ITO, Ncw-22(1), Tambaram

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 2299/CHNY/2025[2017-18]Status: DisposedITAT Chennai28 Oct 2025AY 2017-18

Bench: Shri M. Balaganesh & Shri S.S. Viswanethra Raviआयकर अपील सं./I.T.A. No.2299/Chny/2025 िनधा"रण वष"/Assessment Year: 2017-18 Rajasekar Dhanapal, Vs. The Income Tax Officer, No. 5/45, D Block, Tnhb Quarters, Non Corporate Ward 22(1), Kancheepuram 631 501 Tambaram. Currently Residing At 30 N Gould St Ste R Sheridan Wy 82801. [Pan: Ayrpr1457M] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Girish Kumar, Advocate ""थ" की ओर से/Respondent By : Shri C.P. Solomon, Jcit सुनवाई की तारीख/ Date Of Hearing : 23.10.2025 घोषणा की तारीख /Date Of Pronouncement : 28.10.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 28.06.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2017-18. 2. The Registry Found This Appeal Is Filed With A Delay Of 354 Days. The Ld. Ar Submits There Was No Communication From First Appellate Authority About The Passing Of Impugned Order Nor Service Of The Order. The Ld. Ar

For Appellant: Shri S. Girish Kumar, AdvocateFor Respondent: Shri C.P. Solomon, JCIT
Section 144Section 69A

paper book containing pages 1 to 12, it is noted that the Revenue did not bring on record any evidence showing the service of notice nor the impugned order and accordingly, in the absence of any such evidence, we hold that there is no delay. 5. At the outset

Mamta Pathak, Thane vs. ITO Ward 1(2) Thane, Thane

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 3200/MUM/2025[2012-2013]Status: DisposedITAT Mumbai28 Oct 2025AY 2012-2013

Bench: Shri Vikram Singh Yadav & Shri Raj Kumar Chauhanassessment Year : 2012-13 Mamta Pathak, Ito, Ward-1(2), 404, 4Th Floor, 6Th Floor, Shivam Apt., Vs. Ashar It Park Mohanji Sunderji Rd No.9, Wagale Estate, Raghunath Nagar, Thane, Thane, Maharashtra-400604. Maharashtra-400604. Pan : Alcpp3684Q (Appellant) (Respondent) For Assessee : Shri Tanmay Phadke For Revenue : Shri Pankaj Kumar, Cit-Dr Date Of Hearing : 15-10-2025 Date Of Pronouncement : 28-10-2025 O R D E R Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-National Faceless Appeal Centre (Nfac), Delhi [„Ld.Cit(A)‟], Dated 07-03-2025, Pertaining To Assessment Year (Ay) 2012-13, Wherein The Assessee Has Taken The Following Grounds Of Appeal:

For Appellant: Shri Tanmay PhadkeFor Respondent: Shri Pankaj Kumar, CIT-DR
Section 115BSection 142(1)Section 144Section 147Section 148Section 192Section 69

consider the legal submission on the limitation. It was categorically stated in the statement of facts that in the absence of service of notice of demand u/s. 156 of the Act, the limitation does not commence as per the provisions of Section 249(2) of the Act. Further, the Ld.CIT ... portal and as per section 249(2)(b), the period of limitation for filing appeal has to be counted from the date of service of notice of demand and not from the date of the assessment order which the Ld.CIT(A) has failed to take into consideration while dismissing

Sanjeev Kumar, Panipat vs. ITO Ward-4 Panipat, Panipat

In the result, assessee's appeal is allowed

ITA 314/DEL/2025[2011-12]Status: DisposedITAT Delhi27 Oct 2025AY 2011-12

Bench: Shri Vikas Awasthyआअसं.314/िद"ी/2025 (िन.व. 2011-12) Sanjeev Kumar, 13, Vpo Ugra Kheri, Panipat, ...... अपीलाथ"/Appellant Haryana 132103 Pan: Asvpk-4205-C बनाम Vs. Income Tax Officer, Ward-4, Aayakar Bhawan, Sector-6, Panipat, ..... "ितवादी/Respondent Haryana 132103 अपीलाथ" "ारा/Appellant By : Shri Mukesh Kumar Mittal, Chartered Accountant "ितवादी"ारा/Respondent By : Ms. Sudha Gupta, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 30/07/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 27/10/2025 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 08.11.2024, For Assessment Year 2011-12. 2. Shri Mukesh Kumar Mittal, Ar Of The Assessee Submits That The Assessment U/S.148 Of The Income Tax Act,1961(Hereinafter Referred To As ‘The Act’) Was Made By The Assessing Officer (Ao) Vide Order Dated 30.11.2018 In Ex-Parte Proceedings. He Contended That As Per The Assessment Order, The Ao Had Issued Notice U/S.148 Of The Act On 31.03.2018 Through Speed Post As Well As Online

For Appellant: Shri Mukesh Kumar Mittal, CharteredFor Respondent: Ms. Sudha Gupta, Sr. DR
Section 142(1)Section 144Section 147Section 148

digitally signed at 7.43 PM could be sent by through speed post after 7.43 PM. Thus, assessment made u/s.148 of the Act without service of notice is unsustainable. The ld. Counsel further submitted that even in the First Appellate proceedings, the assessee was not given proper opportunity to rebutting findings ... assessee. Hence, I find merit in the submissions of the assessee challenging validity of the assessment proceedings. 5. The assessment framed without service of notice u/s. 148 of the Act is without jurisdiction, hence, quashed. In the result, assessee's appeal is allowed. Order pronounced in the open court

Deepak Communication, Ajit Nagar vs. Assessing Officer, Delhi

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

ITA 3076/DEL/2025[2017-2018]Status: DisposedITAT Delhi27 Oct 2025AY 2017-2018

Bench: Shri Vikas Awasthyआअसं.3076/िद"ी/2025 (िन.व. 2017-18) Deepak Communication, Gali No.4, Ajit Nagar, Gandhi Nagar, ...... अपीलाथ"/Appellant Delhi 110031 Pan: Aamfd-3905-A बनाम Vs. Assessing Officer, Ward-60(6), ..... "ितवादी/Respondent Delhi 110002 अपीलाथ" "ारा/Appellant By : None "ितवादी"ारा/Respondent By : Ms. Sudha Gupta, Sr.Dr सुनवाई क" ितिथ/ Date Of Hearing : 31/07/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 27/10/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against An Ex-Parte Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [In Short ‘The Cit(A)’] Dated 08.09.2023, For Assessment Year 2017-18. 2. The Solitary Issue, In The Present Appeal By The Assessee Is Against Levy Of Penalty U/S.271Aac(1) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Amounting To Rs.1,04,674/-. The Assesssee Had Deposited Cash Amounting To Rs.13,55,000/- During Demonetization Period I.E. Between 09.11.2016 To 30.12.2016 In His Bank Account Maintained With Yes Bank Ltd. Krishna Nagar Delhi, Account No. 226190000295. The Return Of Income Was Filed

For Appellant: NoneFor Respondent: Ms. Sudha Gupta, Sr.DR
Section 115BSection 139(1)Section 142(1)Section 144Section 271ASection 274Section 69A

fresh adjudication after affording reasonable opportunity of making submissions to the assessee, in accordance with law. 4. The assessee upon service of notice by the CIT(A) shall respond to the same, without fail. 5. It is further brought to the notice of Bench that assessee’s appeal