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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

Sarnath Co-Op Housing Society Ltd, Bhulabhai Desai vs. CIT(Appeal), Piramal Chamber

In the result, all the appeals filed by the assessee are

ITA 2548/MUM/2025[2013-14]Status: DisposedITAT Mumbai16 Jul 2025AY 2013-14

Bench: Shri Om Prakash Kant & Shri. Raj Kumar Chauhan1. Ita No. 2548/Mum/2025 (A.Y: 2013-14) 2. Ita No. 2549/Mum/2025 (A.Y: 2015-16) 3. Ita No. 2550/Mum/2025 (A.Y: 2020-21) Sarnath Co-Operative Housing Society Ltd. 59-B, Sarnath Co-Operative Housing Society Ltd, Bhulabhai Desai Road, Breach Candy, Mumbai-400 026 Pan: Aaaas3230K Ito Ward 15(1)(4), Vs. Mumbai. (Appellant) Assessee Represented By Department Represented By Date Of Conclusion Of Hearing Date Of Pronouncement (Respondent) Shri Pawan Choudhary, Ld. Ar Shri Pravin Salunkhe (Sr. Dr.) 02.07.2025 16.07.2025 Order Per Raj Kumar Chauhan (J.M.): 1. These Appeals Are Filed By The Appellant/Assessee Against The Separate Orders Dated 27.02.2025 Of Learned Commissioner Of Income Tax (Appeals)/Addl/Jcit (A)-4, Hyderabad [Hereinafter Referred To As The “Cit(A)"], Passed Under Section 250 Of The Income Tax Act, 1961 [Hereinafter Referred To As “The Act"] For The A.Y. 2013-14, 2015-16 & 2020-21 Respectively, Wherein The Appeals Of The Assessee Are Dismissed Being Barred By Limitation & The Ld. Cit(A) Has Refused To Condone The Delay Stating That The Assessee Has Failed To Show Sufficient Cause For Condonation Of Delay. 2. Since The Facts Of All The Appeals Filed By The Assessee Are Exactly Same, Parties Are Same, Also The Order Of The Same Date & The Matter Involved Is Also Similar Wherein The Assessee Has Challenged The Disallowance Of Interest Amount Earned From Deposit Of Interest With The Cooperative Banks & Was Claimed As Deduction U/S 80P(2)(D) Of The Act For The Different

Section 143(1)Section 250Section 80PSection 80P(2)(d)

provisions of Section 249(2)(b) of the Act, the appeal has to be presented within 30 days of the date of service of notice related to the intimation order. The appellant's reason for delay can be accepted at face value only if the dispute between

The Kangazha Service Co Operative Bank Limited, Kangazha vs. Income Tax Officer Ward 2 Thiruvalla, Thiruvalla

In the result, the appeal filed by the assessee is partly allowed

ITA 414/COCH/2025[2018-19]Status: DisposedITAT Cochin15 Jul 2025AY 2018-19

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm Assessment Year: 2018-19 Kangazha Service Co-Op. Bank Ltd. .......... Appellant Kangazha P.O., Kottayam 686541 [Pan: Aadat7325H] Vs. The Income Tax Officer, Wd-2, Thiruvalla .......... Respondent Appellant By: ------- None ------- Respondent By: Smt. Leena Lal, Sr. D.R. Date Of Hearing: 13.06.2025 Date Of Pronouncement: 15.07.2025 O R D E R Per: Inturi Rama Rao, Am This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi [Cit(A)] Dated 03.10.2023 For Assessment Year (Ay) 2018-19. 2. Brief Facts Of The Case Are That The Appellant Is A Co-Operative Society Registered Under The Kerala State Co-Operative Societies Act, 1969. It Is Classified As A Primary Agricultural Credit Co-Operative Society. It Is Engaged In The Business Of Accepting Deposits From Members & Providing Credit Facilities To Members. The Return Of 2 Kangazha Service Co-Op. Bank Ltd. Income For Ay 2018-19 Was Filed On 26.09.2018 Declaring Nil Income After Claiming Deduction U/S. 80P Of The Income Tax Act, 1961 (The Act) Of Rs. 1,49,79,478/-. Against The Said Return Of Income, The Assessment Was Completed By The Ito, Ward-2, Thiruvalla (Hereinafter Called "The Ao") Vide Order Dated 23.03.2021 Passed U/S. 143(3) R.W.S. 143(3A) & 143(3B) Of The Act At A Total Income Of Rs. 1,49,70,478/-. While Doing So, The Ao Denied Deduction U/S. 80P By Holding That The Appellant Society Is Engaged In Activities Other Than The Activities For Which It Was Formed.

For Appellant: ------- None -------For Respondent: Smt. Leena Lal, Sr. D.R
Section 143(3)Section 154Section 250(6)Section 80P

delay and admit the appeal for adjudication. 6. When the appeal was called on nobody appeared on behalf of the assessee despite due service of notice of hearing. Therefore, we proceeded to dispose of the appeal after hearing the learned Sr. DR. 7. We find that the learned

Ashish Sindwani, Nilokheri, Haryana vs. Income Tax Officer, Ward- 1, Karnal

In the result, appeal of the assessee is partly allowed

ITA 1607/DEL/2024[2017-18]Status: DisposedITAT Delhi10 Jul 2025AY 2017-18

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.1607/िद"ी/2024(िन.व. 2017-18) Ashish Sindwani, Nilokheri, C/O Rajiv Goel & Associates, 179, Bank Road, Ambala Cantt, Haryana 133001 ...... अपीलाथ"/Appellant Pan: Dtnps-9951-M बनाम Vs. Income Tax Officer, Ward-1, Aayakar Bhawan, ..... "ितवादी/Respondent Sector-12, Karnal, Haryana 132001 Assessee By : Shri Dhruv Goyal, Chartered Accountant Department By: Shri Ashish Tripathi, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 16/04/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 10/07/2025 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 09.02.2024, For The Assessment Year 2017-18. 2. The Assessee In Appeal Has Assailed The Order Of Cit(A) On Two Counts:- “(I) Confirming Addition Of Rs.24,77,940/- U/S. 69A Of The Act, On Account Of Cash Deposits During The Period Of Demonization; &

For Appellant: Shri Dhruv Goyal, Chartered AccountantFor Respondent: Shri Ashish Tripathi, Sr. DR
Section 115BSection 144Section 44Section 44ASection 69A

filer. Notice u/s. 142(1) of the Act was issued to the assessee to file return of income for AY 2017-18. Despite service of notice neither any return of income was filed nor any reply was sent by the assessee. Repeated notices were served on the assessee, the assessee