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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

Keshvan Jewellers, Kolkata vs. A.C.I.T., Circle - 32, Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 1530/KOL/2025[2009-2010]Status: DisposedITAT Kolkata13 Oct 2025AY 2009-2010

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.1530/Kol/2025 Assessment Year: 2009-10 Keshvan Jewellers………….…………………....…………………....Appellant 80, Burtolla Street, Barabazar, Kol-7. [Pan: Aaefk3801F] Vs. Acit, Circle-32, Kolkata..……………....…..………………….…..... Respondent Appearances By: None Appeared On Behalf Of The Appellant. Shri P. N. Barnwal, Cit, Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 09, 2025 Date Of Pronouncing The Order : October 13, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal Filed By The Assessee Is Directed Against The Order Of The Nfac, Delhi (Hereinafter Referred To As “Ld. Cit(A)”) Dated 21.02.2024 Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”). 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For The Assessment Year 2009-10 Declaring A Total Income Of ₹ 74,81,790/-. During The Course Of Scrutiny Proceedings Under Sections 143(2) & 142(1) Of The Act, The Assessing Officer Determined The Total Income At ₹2,77,84,400. The Addition Was Made On Account Of Disallowance Of Loss Claimed In The Manufacturing Process, Amounting To ₹ 2,03,02,614. The Assessing Officer Observed That The Assessee Had Claimed A Process-Loss Of About 3.38% Of The Value Of Goods

Section 194CSection 250Section 40

assessee preferred an appeal before the learned CIT(A). However, the appeal was decided ex parte, as the assessee did not appear despite service of notices, and the order of the Assessing Officer was sustained in full. 4. The assessee has now filed the present appeal before the Tribunal contending

Byas Prasad Verma, Kushinagar vs. Income Tax Officer, Ward - 2(4), Kushinagar

In the result, the appeal of the assessee stands allowed for statistical purposes

ITA 2/VNS/2024[2012-2013]Status: DisposedITAT Varanasi10 Oct 2025AY 2012-2013

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2012-13 Byas Prasad Verma V. The Income Tax Officer Vill. Dhaurahara Ward 2(4) Nadwa Bishunpur Kushinagar Fazilnagar, Kushinagar (U.P) Tan/Pan:Amupv6031E (Appellant) (Respondent) Appellant By: None Respondent By: Smt Amandeep Kaur, D.R. O R D E R This Appeal Has Been Preferred By The Assessee Against The Order Dated 26.07.2023, Passed By The National Faceless Appeal Centre (Nfac), Delhi For Assessment Year 2012-13. 2.0 The Brief Facts Of The Case Are That The Assessee Had Not Filed His Return Of Income For The Year Under Consideration. The Income Tax Department Was In Possession Of Information That The Assessee Had Made Cash Deposits To The Tune Of Rs.16,45,000/- In His Saving Bank Account. In Order To Examine These Facts, The Assessing Officer (Ao) Reopened The Case Of The Assessee Under Section 147 Of The Income Tax Act, 1961 (Hereinafter Called “The Act’) After Issuing Notice Under Section 148 Of The Act. Thereafter, The Ao Issued Statutory Notices To The Assessee, Requiring The Assessee To Furnish The Source Of Cash

For Appellant: NoneFor Respondent: Smt Amandeep Kaur, D.R
Section 144Section 147Section 148Section 250Section 250(6)Section 251(1)(a)Section 251(2)Section 69A

same has been raised by the appellant before him. 7. BECAUSE the learned CIT(A) NFAC has failed to appreciate that the service of notice is mandatory u/s 148 of the I.T. Act 1961. The Ld. A.O. in his order has kept mum about the service of the notice which

Proadcat India Limited, Kolhapur vs. ACIT Circle-1, Kolhapur

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

ITA 1852/PUN/2025[2017-18]Status: DisposedITAT Pune10 Oct 2025AY 2017-18

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1852/Pun/2025 िनधा"रण वष" / Assessment Year : 2017-18 Proadcat India Limited, Vs. Ito, National E- Plot No.412, Sheloli Assessment Centre, Bhudargad, Delhi. Kolhapur- 416210. Pan : Aaeca8957D Appellant Respondent Assessee By : None Revenue By : Shri Bharat Andhale Date Of Hearing : 07.10.2025 Date Of Pronouncement : 10.10.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 08.12.2023 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2017-18. 2. There Is Delay In Filing Of The Present Appeal. We Are Satisfied With The Reasons Mentioned In The Affidavit For Condonation That The Applicant Was Prevented By Sufficient Cause For Not Filing The Appeal Within The Prescribed Time Limit. After Hearing Ld. Dr, We Condone The Delay & Proceed To Adjudicate The Appeal.

For Appellant: NoneFor Respondent: Shri Bharat Andhale
Section 143(3)

appeal was called for hearing, neither anybody appeared on behalf of the appellant-assessee nor any application for adjournment was filed despite due service of notice of hearing. Therefore, we proceed to adjudicate the appeal on the basis of material available on record as well as after hearing

Vijay Tiles & Cement Products, Hyderabad vs. ACIT., Circle-11(1), Hyderabad

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

ITA 1007/HYD/2025[2013-14]Status: DisposedITAT Hyderabad10 Oct 2025AY 2013-14

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.1007/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2013-14) Vijay Tiles & Cement Vs. Assistant Cit Products, Hyderabad Circle 11(1) Pan: Aagfv3841A Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Advocate A.V. Raghuram राज" व "ारा/Revenue By:: Dr. Sachin Kumar, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 08/10/2025 घोषणा की तारीख/Pronouncement: 10/10/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Vijay Tiles & Cement Products (“The Assessee”) Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (“Ld. Cit(A)”) Dated 05/12/2024 For The A.Y 2013-14. 2. At The Outset, It Is Observed That There Is A Delay Of 98 Days In Filing Of The Appeal Before This Tribunal. The Assessee Has Filed A Petition For Condonation Of Delay Accompanied By An Affidavit Explaining The Reasons For Such Delay. In This Regard, The Learned Authorised Representative (“Ld. Ar”) Invited Our Attention To Para 4

For Appellant: Advocate A.V. RaghuramFor Respondent: : Dr. Sachin Kumar, Sr. DR
Section 143(3)Section 147

affidavit and Serial No.17 of Form No.35 and submitted that the assessee had mentioned his correct email ID as “akularaghuram@yahoo.com” for service of notices. However, the office of the Ld. CIT(A) sent all the hearing notices to a different email ID, namely “sivaram.accountant@gmail.com”. Due to such error in communication

Anandarao Kota, Hyderabad vs. ITO., Ward-9(1), Hyderabad

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

ITA 238/HYD/2025[2015-16]Status: DisposedITAT Hyderabad09 Oct 2025AY 2015-16

Bench: Shri Inturi Rama Raoआ.अपी.सं /Ita No.238/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2015-16) Shri Anandarao Kota, Income Tax Officer, Vs. Hyderabad. Ward 9(1), Pan: Cvopk0669Q Hyderabad. (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: None. रधजस् व द्वधरध/Revenue By: Dr. Sachin Kumar, Dr सुिवधई की तधरीख/Date Of Hearing: 06/10/2025 घोर्णध की तधरीख/Pronouncement: 09/10/2025 आदेश/Order This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)] Dated 27.07.2024 For Assessment Year (Ay) 2015-16. 2. Brief Facts Of The Case Are That The Assessee Is That The Assessee Is An Individual, No Regular Return Of Income U/S.139 Of The Income Tax Act, 1961 ("The Act") Was Filed For The A.Y. 2015-16. The Assessing Officer Based On The Information That The Assessee Made Cash Deposits Of Rs.1,03,97,300/- In The Savings Bank Account Formed Opinion That The Income Had Escaped Assessment

For Appellant: NoneFor Respondent: Dr. Sachin Kumar, DR
Section 139Section 142(1)Section 147Section 148Section 282(1)

NFAC had issued notices of hearing through ITBA Portal. In my considered opinion, it is not a valid method and manner of service of notice as specified under the provisions of section 282(1) of the Income-tax Act, 1961 Act ITA No.238/Hyd/2025 4 and Rule ... Exemptions) (2024) 463 ITR 560 (P&H), wherein the Hon’ble High Court after making reference to provisions of 282(1) held that service of notice through ITBA portal is not valid service and remanded the matter to AO for de novo disposal of case. The relevant paragraphs