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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

Keshram, Village- Patwari vs. The ITO Ward- 5(2)(1), G Budh Nagar, Gautam Budh Nagar

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

ITA 2158/DEL/2024[2017-18]Status: DisposedITAT Delhi21 Oct 2025AY 2017-18

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishraआअसं.2158/िद"ी/2024(िन.व. 2017-18) Keshram Through Legal Heir Shri Sunder Singh, Village Patwari Bisrakh, Gatam Buddha Nagar, Uttar Pradesh 203207 ...... अपीलाथ"/Appellant Pan : Bqgpk-1567-D बनाम Vs. Income Tax Officer, Ward -5(2)(1), Gatam Buddha Nagar, ..... "ितवादी/Respondent Uttar Pradesh 201303 अपीलाथ" "ारा/ Appellant By : None "ितवादी"ारा/Respondent By : Shri Om Prakash, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 24/07/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 24/07/2025 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 10.01.2024, For Assessment Year 2017-18. 2. The Appeal Is Time Barred By 53 Days. The Assessee Has Filed A Petition For Condonation Of Delay Supported By An Affidavit. After Perusal Of Same, I Am Satisfied That Delay In Filing Of Appeal Is Not Intentional, But Is For The Reasons

For Appellant: NoneFor Respondent: Shri Om Prakash, Sr. DR
Section 139Section 142(1)Section 144Section 69A

residential address provided in Form No. 36 for sending of notice i.e. Village Bisrakh, Gautam Buddha Nagar, Uttar Pradesh 203207. The assessee upon service of notice shall respond to the same, without fail. 7. In the result, appeal of the assessee is allowed for statistical purpose. Order pronounced