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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

Ms. Geeta Bhatia, Khanna vs. Inome Tax Officer, Ward-5, Khanna

In the result, appeal is allowed

ITA 895/CHANDI/2025[2012-13]Status: DisposedITAT Chandigarh05 Aug 2025AY 2012-13

Bench: Shri Rajpal Yadav & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 895/Chd/2025 "नधा"रण वष" / Assessment Year: 2012-13 Ms. Geeta Bhatia, The Ito, House No. 25, Narottam Nagar, Vs Ward-5, Near Railway Crossing, Khanna. Khanna. "थायी लेखा सं./Pan No: Ajopb6752B अपीलाथ"/Appellant ""यथ"/Respondent Assessee By : Shri Sayyam Garg & Ms. Anmol Gupta, Advocates Revenue By : Shri Vivek Vardhan, Addl.Cit, Sr.Dr Date Of Hearing : 30.07.2025 Date Of Pronouncement : 05.08.2025 Physical Hearing O R D E R

For Appellant: Shri Sayyam Garg & Ms. Anmol Gupta, AdvocatesFor Respondent: Shri Vivek Vardhan, Addl.CIT, Sr.DR
Section 249Section 253Section 3Section 5

bank statement, rather straight away issued the notice. He drew our attention towards relevant part of Rule 127, which reads as under : 127. Service of notice, summons, requisition, order and other communication. .(1) For the purposes of sub-section (1) of section 282, the addresses (including the address for electronic ... addressee to the income-tax authority or any person authorized by such income tax authority. 11.2 He prayed that for want of proper service of notice upon the assessee, this assessment order is not sustainable. 11.3 The ld. DR, on the other hand, contended that on the available address, notice

Surender Singh Chauhan, Ghaziabad vs. Income Tax Officer, Ghaziabad

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

ITA 2931/DEL/2025[2012-13]Status: DisposedITAT Delhi05 Aug 2025AY 2012-13

Bench: Shri Vikas Awasthyआअसं.2931/िद"ी/2025 (िन.व. 2012-13) Surender Singh Chauhan, Village Karhera, Mohan Nagar, Ghaziabad, ...... अपीलाथ"/Appellant Uttar Pradesh 2010007 Pan: Adypc-6319-D बनाम Vs. Income Tax Officer, Circle 2(2)(1), ..... "ितवादी/Respondent Ghaziabad, Uttar Pradesh 20100 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 : : 31/07/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against An Ex-Parte Order Of Commissioner Of Income Tax (Appeals)/Additional/Joint Commissioner Of Income Tax(Appeals)-2, Chandigarh (Hereinafter Referred To As 'The Cit(A)') Dated 04.03.2025, For Assessment Year 2012-13. 2. A Perusal Of The Impugned Order Reveals That The Cit(A) Had Issued Notices To The Assessee On Four Occasions I.E. On 13.01.2021, 21.10.2024, 05.11,2024 & 18.02.2025. However, It Is Not Emanating From Impugned Order As To On Which Email Id The Notices Were Being Sent To The Assessee. A Perusal Of Form No. 35

For Appellant: NoneFor Respondent: Ms. Sudha Gupta, Sr. DR
Section 250

assessee. A perusal of Form No. 35 2 reveals that in column no. 17, the assessee has mentioned email address fcayogeshgoyal@gmail.com for service of notice. 3. The CIT(A) has dismissed appeal for non prosecution. The provisions of section 250 of the Income Tax Act,1961(hereinafter referred

Shri Dinesh Sethi, Ludhiana vs. ITO, Ludhiana

The appeals are dismissed

ITA 338/CHANDI/2017[2006-07]Status: DisposedITAT Chandigarh04 Aug 2025AY 2006-07

Bench: Shri Rajpal Yadav & Shri Manoj Kumar Aggarwalआयकर अपील सं./ Ita No. 376/Chd/2014 & "नधा"रण वष" / Assessment Year : 2006-07 Shri Janesh Sethi, Legal Heir Of बनाम The Ito, Late Shri Dinesh Sethi, Ward – 1(1), Vs Prop. M/S R.S. Trading Corp., Ludhiana. C-434, Urban Estate Focal Point, Ludhiana. "थायी लेखा सं./Pan /Tan No: Aaqpk1200Q अपीलाथ"/Appellant ""यथ"/Respondent "नधा"रती क" ओर से/Assessee By : Shri Sudhir Sehgal, Advocate राज"व क" ओर से/ Revenue By : Shri Manav Bansal, Cit Dr तार"ख/Date Of Hearing : 23.06.2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 04.8.2025

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Shri Manav Bansal, CIT DR
Section 131Section 142(1)Section 144Section 147Section 148Section 271(1)(c)Section 69A

reasons for re-opening , the manner of issuing notice u/s 148 as well as 142(2). According to him, there was no proper service of notice upon him nor any notice was served u/s 143(2). All these pleas have duly been noticed by the CIT (Appeals) and thereafter, these ... Appeals). Finding of the CIT (Appeals) reads as under : “3.6. I have carefully considered the rival submissions. As regard the issue of service of notice u/s 148 and notice u/s 142(1) is concerned, it is evident from the facts on record and from the detailed report

Sh. Dinesh Sethi, Ludhiana vs. ITO, Ludhiana

The appeals are dismissed

ITA 376/CHANDI/2014[2006-07]Status: DisposedITAT Chandigarh04 Aug 2025AY 2006-07

Bench: Shri Rajpal Yadav & Shri Manoj Kumar Aggarwalआयकर अपील सं./ Ita No. 376/Chd/2014 & "नधा"रण वष" / Assessment Year : 2006-07 Shri Janesh Sethi, Legal Heir Of बनाम The Ito, Late Shri Dinesh Sethi, Ward – 1(1), Vs Prop. M/S R.S. Trading Corp., Ludhiana. C-434, Urban Estate Focal Point, Ludhiana. "थायी लेखा सं./Pan /Tan No: Aaqpk1200Q अपीलाथ"/Appellant ""यथ"/Respondent "नधा"रती क" ओर से/Assessee By : Shri Sudhir Sehgal, Advocate राज"व क" ओर से/ Revenue By : Shri Manav Bansal, Cit Dr तार"ख/Date Of Hearing : 23.06.2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 04.8.2025

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Shri Manav Bansal, CIT DR
Section 131Section 142(1)Section 144Section 147Section 148Section 271(1)(c)Section 69A

reasons for re-opening , the manner of issuing notice u/s 148 as well as 142(2). According to him, there was no proper service of notice upon him nor any notice was served u/s 143(2). All these pleas have duly been noticed by the CIT (Appeals) and thereafter, these ... Appeals). Finding of the CIT (Appeals) reads as under : “3.6. I have carefully considered the rival submissions. As regard the issue of service of notice u/s 148 and notice u/s 142(1) is concerned, it is evident from the facts on record and from the detailed report