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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

Shobha Yadav, Chandpura Bachhana, Bilhaur vs. Commissioner of Income-Tax (Appeals), Knp-W

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

ITA 278/LKW/2025[2019-20]Status: DisposedITAT Lucknow29 Aug 2025AY 2019-20

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2019-20 Shobha Yadav, Vs. Commissioner Of Income Tax Chandpura Bachhana, Bilhaur, (Appeals), Kanpur Kanpur Nagar, U.P.-209202 Pan:Auxpy6004H (Appellant) (Respondent) Assessee By: Sh. Shivam Singh Yadav, Adv Revenue By: Sh. R.K. Agarwal, Cit Dr Date Of Hearing: 30.07.2025 Date Of Pronouncement: 29.08.2025 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A), Nfac Passed Under Section 250 Of The Income Tax Act, 1961 On 28.02.2025, Dismissing The Appeal Of The Assessee In Limine. The Grounds Of Appeal Are As Under:- “1. That The Learned Commissioner Of Income Tax (Appeals) (Cit(A)) Has Erred In Law & On Facts In Dismissing The Appeal On The Ground Of Delay In Filling Of The Appeal By 33 Days, Without Appreciating The Bona Fide Reasons & Genuine Hardship Faced By The Appellant. 2. That The Learned Cit(A) Failed To Appreciate That The Appellant Is An Illiterate Village Woman With No Access Or Understanding Of Technology & That She Neither Received The Notice Nor The Assessment Order In Physical Form, Leading To Unintentional Delay In Filing The Appeal. 3. That The Learned Cit(A) Failed To Consider That The Appellant'S Cause For Delay Was Neither Deliberate Nor Due To Negligence, But Solely Due To Lack Of Awareness & Therefore Deserved Liberal Construction In The Interest Of Substantial Justice. 4. That The Learned Cit(A) Erred In Holding That The Appellant Did Not Show "Sufficient Cause" For Condonation Of Delay, Despite Her Candid Declaration Of Illiteracy, Lack Of Access To Email & Absence Of Physical Service Of Notices Circumstances Beyond Her Control.

For Appellant: Sh. Shivam Singh Yadav, AdvFor Respondent: Sh. R.K. Agarwal, CIT DR
Section 115BSection 139(1)Section 142(1)Section 144Section 147Section 148Section 148ASection 250Section 69A

show "sufficient cause" for condonation of delay, despite her candid declaration of illiteracy, lack of access to email, and absence of physical service of notices circumstances beyond her control. 1 A.Y. 2019-20 Shobha Yadav 5. That the Learned CIT(A) failed to consider the settled position in law that ... technicalities should not defeat meritorious cases. 6. That the Learned Assessing Officer erred in initiating reassessment proceedings under Section 147 without proper service of notice as mandated under the Act, thereby vitiating the entire reassessment proceedings. 7. That the reassessment order passed under Section 147 r.w.s

The Vazhayoor Service Co Operative Bank Ltd, Malappuram vs. ITO, Ward-2, Trirur

In the result, appeal filed by the appellant stands allowed

ITA 580/COCH/2025[2014-15]Status: DisposedITAT Cochin28 Aug 2025AY 2014-15

Bench: Shri Inturi Rama Rao, Am& Shri Rahul Chaudharythe Vazhayoor Service Co-Op. Bank Ltd. .......... Appellant No.D1989, Head Office, Azhinhlam P.O., Ernad, Malappuram Dist., Kerala-673632 [Pan: Aacat 5682 J] Vs. Ito, Ward-2, Tirur .......... Respondent Appellant By: None Respondent By: Smt. Leena Lal, Sr. Dr Date Of Hearing: 22.08.2025 Date Of Pronouncement: 28.08.2025 O R D E R Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee-Cooperative Society Directed Against The Order Passed By The Learned Commissioner Of Income Tax (A)/Nfac, Delhi [For Short, ‘Cit(A)’] Dated 19.06.2025 Passed U/S. 250 Of The Income Tax Act, 1961 (For Short, 'The Act') For The Assessment Year (A.Y.) 2014-15. 2. Brief Facts Of The Case Are That Appellant Is A Cooperative Society Registered Under The Kerala Co-Operative Societies Act, 1969. It Is Classified As Primary Agricultural Credit Cooperative Society. It Is Engaged In The Business Of Accepting Deposits From Member & Providing Credit Facilities To Its Member. The Return Of 2 The Vazhayoor Service Co-Op. Bank Ltd. Income For The A.Y. 2014-15 Was Filed On 30/03/2015 Disclosing Nil Income After Claiming Deduction Under Section 80P Of The Act. Against The Said Return Of Income, The Assessment Was Completed By The Ito, Ward-3, Tirur (For Short, ‘Ao’) Vide Order Dated 19/12/2016 Passed Under Section 143(3) Of The Act At A Total Income Of Rs. 1,72,40,710/- By Disallowing The Claim For Deduction Under Section 80P Of The Act By Holding That The Appellant Is A Cooperative Bank & Hit By The Provisions Of Section 80P(4) Of The Act.

For Appellant: NoneFor Respondent: Smt. Leena Lal, Sr. DR
Section 143(3)Section 250Section 80PSection 80P(4)

before us in the present appeal. When the appeal was called on for hearing, none appeared on behalf of the Assessee despite due service of notice of hearing, therefore, after hearing ld.Sr.DR we proceed to dispose of the appeal on merits based on the material on record. 5. We have

Moureen Camara, Panaji vs. Assessment Centre, Income Tax Department, Delhi

ITA 200/PAN/2023[2016-17]Status: DisposedITAT Panaji26 Aug 2025AY 2016-17

Bench: Hon’Ble Shri Pavan Kumar Gadale & Shri G. D. Padmahshaliita Nos. 200/Pan/2023 Assessment Year : 2016-17 Moureen Camara Lonic Apartment, 1St Floor, Albamar Road, Tiswadi, Panaji, Goa-403001. Pan : Abmpc9038M . . . . . . . Appellant V/S Income Tax Officer, Ward-1(5), Panaji. . . . . . . . Respondent Appearances Assessee By : Mr D E Robinson [‘Ld. Ar’] Revenue By : Ms Rijjula Uniyal [‘Ld. Dr’] Date Of Conclusive Hearing : 11/08/2025 Date Of Pronouncement : 26/08/2025 Order Per G. D. Padmahshali; Present Appeal Is Filed By The Assessee Challenging Din & Order No. Itba/Nfac/S/250/2023-24/1057640303(1) Dt. 02/11/2023 Passed By National Faceless Appeal Centre, Delhi [‘Ld. Cit(A)/Nfac’] U/S 250 Of The Income- Tax Act, 1961 [‘The Act’] Which In Turn Stemmed From Assessment Order Dt. 20/09/2021 Passed U/S 147 R.W.S.

For Appellant: Mr D E Robinson [‘Ld. AR’]For Respondent: Ms Rijjula Uniyal [‘Ld. DR’]
Section 142(1)Section 143(1)Section 143(2)Section 144Section 147Section 148Section 246ASection 250Section 253(1)Section 5A

then assessing officer is left with no option but (i) either to accept such returned income without variation or (ii) service of notice u/s 143(2) of the before resorting to scrutiny for making any variation to such summarily processed returned income in advancing to reassessment. 10. It is well ... Moureen Camara Vs NFeAC ITA Nos.200/PAN/2023 AY: 2016-17 16. The Revenue’s plea that by participation appellant waived-off service of notice in our considered view has no legs to stand because the appellant’s participation in proceedings cannot be sacrosanct for the assumption jurisdiction. In the case