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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

Jeet Corporate Services Private Limited, Ahmedabad vs. The ITO, Ward-2(1)(2), Ahmedabad

The appeal of the assessee is treated as allowed for statistical purposes

ITA 509/AHD/2025[2012-13]Status: DisposedITAT Ahmedabad09 Feb 2026AY 2012-13

Bench: Shri Sanjay Garg & Annapurna Guptaआयकर अपील सं /Ita No.509/Ahd/2025 िनधा"रण वष" /Assessment Year : 2012-13 Jeet Corporate Services The Ito बनाम/ Pvt.Ltd. Ward-2(1)(2) V/S. K/2, Shubh Prayog Co-Op. Ahmedabad – 380 015 Housing Society Sujata Flats, Fshahibaug Ahmedabad – 380 009 "थायी लेखा सं./Pan: Aaccj 6855 H (अपीलाथ(/ Appellant) ()* यथ(/ Respondent) Assessee By : Shri Tej Shah, Ar Revenue By : Shri Rajenkumar M.Vasavda, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 02/02/2026 घोषणा की तारीख /Date Of Pronouncement: 09/02/2026 आदेश/O R D E R Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)’] Dated 29/08/2023 For Assessment Year (Ay) 2012-13. 2. In This Appeal, The Assessee Is Aggrieved By The Action Of The Ld. Cit(A) In Confirming The Addition Of Rs.1,39,00,000/- Made By The Assessing Officer (Ao) On Account Of Unexplained Unsecured Loans Shown By The Assessee. Jeet Corporate Services Pvt.Ltd. Asst. Year : 2012-13 2 3. The Appeal Is Time-Barred By 492 Days. A Separate Application For Condonation Of Delay Has Been Filed, Wherein, It Has Been Pleaded That The Assessee Neither Received Any Notice Of Hearing From The Ld. Cit(A) Either Physically Or On E-Mail, Nor Received The Copy Of The Final Order Of The Ld. Cit(A). Therefore, The Assessee Was Not Aware About The Passing Of The Impugned Order Of The Ld. Cit(A). The Appeal Was Filed When The Said Order Of The Ld. Cit(A) Came To The Notice Of The Assessee, When The Department Initiated Recovery Proceedings.

For Appellant: Shri Tej Shah, ARFor Respondent: Shri Rajenkumar M.Vasavda, Sr.DR
Section 144

again adjourned to 01/12/2025. Identical directions were again given by this Tribunal vide order dated 01/12/2025 directing for getting the evidence of service of notice of hearing as well as of final order of the Ld.CIT(A) upon the assessee. The case, thereafter, was adjourned. Even today, no such information

Naresh Kumar Jain, Chennai vs. ITO, Ncw-5(1), Chennai

In the result, the appeal filed by the assessee is dismissed

ITA 1559/CHNY/2025[2012-13]Status: DisposedITAT Chennai09 Feb 2026AY 2012-13

Bench: Shri Inturi Rama Rao & Shri Manu Kumar Giriआयकर अपील सं./Ita No.: 1559/Chny/2025 निर्धारण वर्ष/Assessment Year: 2012-13 Shri Naresh Kumar Jain, No.33, Venkaiyer Street, Kondithope, Chennai - 600 079. The Income Tax Officer, Vs. Non-Corporate Ward 5(1), Chennai. Pan: Aaρρν 0443B (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/Appellant By : None प्रत्यर्थी की ओर से/Respondent By : Shri Gautam S. Mukundan, Jcit सुनवाई की तारीख/Date Of Hearing : 04.02.2026 घोषणा की तारीख/Date Of Pronouncement : 09.02.2026 आदेश/Order Per Inturi Rama Rao: This Is An Appeal Filed By The Assessee Directed Against The Order Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac) (In Short `Cit(A)') Dated 10.11.2021 For The Assessment Year 2012-13. :- 2 -:

For Appellant: NoneFor Respondent: Shri Gautam S. Mukundan, JCIT
Section 143(3)Section 271(1)(c)Section 274Section 40

appeal before us in the present appeal. When the appeal was called for hearing, none appeared on behalf of assessee despite due service of notice of hearing of appeal. Neither was there a petition seeking adjournment from hearing of appeal. We find from record that the matter was adjourned

Saheed Darshan Filling Station, Ludhiana vs. Income Tax Officer (ITO), Ward 3, Khanna

In the result, appeal of the assessee is allowed and Stay Application is dismissed

ITA 1736/CHANDI/2025[2018-19]Status: DisposedITAT Chandigarh03 Feb 2026AY 2018-19

Bench: Shri Rajpal Yadav & Shri Manoj Kumar Aggarwalआयकर अपील सं./ Ita No. 1736/Chd/2025 "नधा"रण वष" / Assessment Year: 2018-19 Shaheed Darshan Filling Station, The Ito, Village-Iraq, Kohara Road, Vs Ward-3, Machhiwara, So-Irak, Ludhiana. Khanna. "थायी लेखा सं./Pan No: Aarfs1129H अपीलाथ"/Appellant ""यथ"/Respondent & S.A. No. 5/Chd/2026 In आयकर अपील सं./ Ita No. 1736/Chd/2025 "नधा"रण वष" / Assessment Year: 2018-19 Shaheed Darshan Filling Station, The Ito, Village-Iraq, Kohara Road, Vs Ward-3, Machhiwara, So-Irak, Ludhiana. Khanna. "थायी लेखा सं./Pan No: Aarfs1129H अपीलाथ"/Appellant ""यथ"/Respondent Assessee By : Shri Sifatpreet Singh, Ca & Shri Amanjot Singh, Ca Revenue By : Dr. Ranjit Kaur, Addl. Cit Sr. Dr Date Of Hearing : 28.01.2026 Date Of Pronouncement : 03.02.2026 Physical Hearing O R D E R Per Raj Pal Yadav, Vp

For Appellant: Shri Sifatpreet Singh, CA and Shri Amanjot Singh, CAFor Respondent: Dr. Ranjit Kaur, Addl. CIT Sr. DR
Section 249Section 253Section 3Section 5

counsel for the assessee that assessee firm was dissolved on 24.03.2014 and it was non- existing during assessment year 2018-19. Therefore, service of notice or assessment order through electronic mode was not a good service and it was not in its knowledge. The ld.CIT (Appeals) failed to appreciate this