PELICAN TOBACCO INDIA PRIVATE LIMITED,. vs. ITO, WARD - 19(4), NEW DELHI, .

Appeal is allowed

Bench: Sh. Satbeer Singh Godara & Sh. Avdhesh Kumar Mishra

section 2 Pelican Tobacco India Pvt. Ltd. 143(2) notice by the Assessing Officer. We are further taken to the learned CIT(A) detailed discussion deciding the same against the assessee and in the Revenue’s favour as follows: “4.1 I have considered the material on record including written submission of the AR of the appellant filed in course

VINOD MONGIA,WAST AZAD NAGAR, DELHI vs. INCOME TAX OFFICER , VIKAS BHAWAN,DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Mahavir Singh & Shri Manish Agarwal[Assessment Year : 2012-13] Vinod Mongia, Vs Ito, C-40, Street No.1A, West Ward-58(7), Azad Nagar, Delhi-110005. Vikas Bhawan, Pan-Akhpm6218R Delhi Appellant Respondent Appellant By Shri Shivam Jain, Adv. & Shri Nitin Kanwar, Adv. Respondent By Shri Om Parkash, Sr. Dr Date Of Hearing 14.05.2025 Date Of Pronouncement 31.07.2025

section was mandatory to be issued within 6 months from the end of the FY in which the return is furnished i.e., by 30.09.2020, whereas in the instant case, the notice u/s 143(2) was never issued and re-assessment order was passed on 29.12.2019. It was the submission by Ld. AR that as the notice u/s 143(2

KRISHAN KUMAR MAKRANIA PRO. M/S. MAKRANIA OIL MILL,,BHIWANI vs. DCIT CENTRAL CIRCLE-I, GURGAON

In the result, assessee’s appeal in ITA No

Bench: Ms. Madhumita Roy & Shri Brajesh Kumar Singhassessment Year: 2011-12)

2) of the Act has been issued in the reassessment proceedings pursuant to the return filed by the 6 Krishna Kumar Makrania assessee in response to notice u/s. 148 of the Act. Later the assessment framed u/s. 143(3) read with section 147

MAJOR SURESH YADAV(RETD.),NEW DELHI vs. ITO WARD-24(3), NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Kul Bharat[Assessment Year : 2003-04] Major Suresh Yadav (Retd.), Vs Ito, Farm No.36, Dera Mandi Road, Ward-24(3), Mandi Gaon, Near Chattarpur, New Delhi. New Delhi-110030. Pan-Aaupy5153C Appellant Respondent Appellant By Shri Mukesh Kohli, Ca Respondent By Shri Om Parkash, Sr. Dr Date Of Hearing 28.06.2023 Date Of Pronouncement 31.07.2023

section 143(3) read with sextion 147. Or in other words A.O. accepted the request of the assessee. This in turn makes it obligatory to issue notice u/s 143(2) after the request by the assessee to treat his earlier return as filed in pursuance to notices u/s 148 of the IT Act was received. This request, in the given

BALLU SINGH,GURGAON vs. ITO WARD -65(5), NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Kul Bharat

reassessment void.” 3.1 Notice u/s 143(2) of the Act has neither been issued nor served in this case before completion of the assessment. This fact can be verified with the assessment order itself where there is no mention about issue of notice u/s 143(2). Further, order sheet maintained by the Ld. AO confirmed the same. There

BALLU SINGH,GURGAON vs. ITO WARD -65(5), NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Kul Bharat

reassessment void.” 3.1 Notice u/s 143(2) of the Act has neither been issued nor served in this case before completion of the assessment. This fact can be verified with the assessment order itself where there is no mention about issue of notice u/s 143(2). Further, order sheet maintained by the Ld. AO confirmed the same. There

SHYAM PRODUCTS P.LTD,NEW DELHI vs. ITO, WARD-23(3), NEW DELHI

In the result, appeal of the assessee is partly allowed as indicated above

Bench: Shri Challa Nagendra Prasad, S.M.C.

reassessment order u/s 143(3) r.w. section 147 as the notice u/s 143(2) of the Act was issued on the very

OPTIMIST ELECTRONICS P.LTD,NEW DELHI vs. ITO, WARD-19(2), NEW DELHI

In the result, appeal of the assessee is partly allowed as indicated above

Bench: Shri Challa Nagendra Prasad, S.M.C.

reassessment order u/s 143(3) r.w. section 147 as the notice u/s 143(2) of the Act was issued on the very

SANTOSH MAHALINGAM,GHAZIABAD vs. ACIT, CENTRAL CIRCLE-6, NEW DELHI

In the result, the appeal of the assessee is allowed

Bench: Shri Tarvinder Singh Kapoor & Shri Chandra Mohan Garg[Assessment Year : 2014-15] Santosh Mahalingam, Vs Acit, No.1, Santosh Nagar, Pratap Central Circle-6, Vihar, Ghaziabad-201009. New Delhi. Pan-Cjkps5766C Appellant Respondent Appellant By Shri S.K.Gupta, Ca Respondent By Shri H.K.Choudhary, Cit. Dr Date Of Hearing 30.06.2022 Date Of Pronouncement 03.08.2022

147 and 143(3) of the I.T. Act to pass the assessment order against the assessee. He has submitted that the issue is covered in favour of the assessee by the judgment of the Hon’ble Delhi High Court in the case of Director of Income Tax vs. Society for Worldwide Interbank Financial Telecommunications

INNOVATIVE WELFARE AND EDUCATIONAL SOCIETY,GR. NOIDA vs. ADIT (E), TRUST CIRCLE, NEW DELHI

Bench: Shri R.K.Panda & Shri N. K. Choudhryito(Exemption), Vs. Innovative Welfare & Ward-1(2), Educational Society, New Delhi Regd. Office: B-19, Defence Colony, New Delhi Pan: Aaati4207R (Appellant) (Respondent)

147 was passed on 28.03.2013. 3. That the Ld. AO has erred in framing assessment u/s 148 read with section 143(3) after treating the return filed in response to notice u/s 148 on 12.10.2012 as non-est. 4. That the reasons recorded and the reopening u/s 148 is bad in law since, no proper approval as required in section

ITO (EXEMPTIONS), NEW DELHI vs. M/S. INNOVATIVE WELFARE AND EDUCATIONAL SOCIETY, NEW DELHI

Bench: Shri R.K.Panda & Shri N. K. Choudhryito(Exemption), Vs. Innovative Welfare & Ward-1(2), Educational Society, New Delhi Regd. Office: B-19, Defence Colony, New Delhi Pan: Aaati4207R (Appellant) (Respondent)

147 was passed on 28.03.2013. 3. That the Ld. AO has erred in framing assessment u/s 148 read with section 143(3) after treating the return filed in response to notice u/s 148 on 12.10.2012 as non-est. 4. That the reasons recorded and the reopening u/s 148 is bad in law since, no proper approval as required in section

INNOVATIVE WELFARE AND EDUCATIONAL SOCIETY,GR. NOIDA vs. ADIT (E), TRUST CIRCLE, NEW DELHI

Bench: Shri R.K.Panda & Shri N. K. Choudhryito(Exemption), Vs. Innovative Welfare & Ward-1(2), Educational Society, New Delhi Regd. Office: B-19, Defence Colony, New Delhi Pan: Aaati4207R (Appellant) (Respondent)

147 was passed on 28.03.2013. 3. That the Ld. AO has erred in framing assessment u/s 148 read with section 143(3) after treating the return filed in response to notice u/s 148 on 12.10.2012 as non-est. 4. That the reasons recorded and the reopening u/s 148 is bad in law since, no proper approval as required in section

ACIT, CIRCLE-19(2), NEW DELHI vs. P & R INFRAPROJECTS LTD, NEW DELHI

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

147 r,w.s.l43 (3) without issuing any notice u/s 143(2). 5.1 Submissions of appellant on this ground of appeal are as under;- “3. It is very clear from the assessment order itself that notice u/s 143(2) was never issued. Before completing assessment u/s 143(3), it is mandatory to issue notice u/s 143(2) otherwise the assessment order

SH. VALMIK THAPAR,NEW DELHI vs. ACIT, NEW DELHI

Appeals are disposed of by this common order as indicated above

Bench: Hon’Ble Justice P.P. Bhatt & Shri Prashant Maharishi(Through Video Conferencing) Shri Valmik Thapar, Vs. Acit, 19, Kautilya Marg, Circle-53(1), New Delhi New Delhi (Appellant) (Respondent) Shri Valmik Thapar, Vs. Dcit, M/S. R. N. Khanna & Company, Ca, Circle-32(1), 14-15F, Shivam House, Connaught New Delhi Place, New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Acit, Vs. Shri Valmik Thapar, Circle-53(1), 19, Kautilya Marg, New Delhi New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Assessee By : Shri Salil Agarwal, Senior Advocate Along With Shri Shailesh Gupta, Shri Mahur Agarwal, Advocates Revenue By: Shri H. K. Choudhary, Cit Dr Date Of Hearing 11/06/2021 (Last Hearing) Date Of Pronouncement 11/06/2021. O R D E R Per Prashant Maharishi, A. M. 1. These Are Three Appeals For Two Assessment Years Pertaining To One Assessee, Mr. Valmik Thapar, A Resident, Individual [Assessee]. Assessee Filed Ita Number

u/s 143 (3) of the act only test that is to be seen is whether the assessing officer has reason to believe that income has escaped the assessment order not. 46. According to the provisions of Section 147 of the income tax act, if the assessing officer has reason to believe that any income chargeable to tax has escaped assessment

SHRI VALMIK THAPAR,NEW DELHI vs. DCIT, NEW DELHI

Appeals are disposed of by this common order as indicated above

Bench: Hon’Ble Justice P.P. Bhatt & Shri Prashant Maharishi(Through Video Conferencing) Shri Valmik Thapar, Vs. Acit, 19, Kautilya Marg, Circle-53(1), New Delhi New Delhi (Appellant) (Respondent) Shri Valmik Thapar, Vs. Dcit, M/S. R. N. Khanna & Company, Ca, Circle-32(1), 14-15F, Shivam House, Connaught New Delhi Place, New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Acit, Vs. Shri Valmik Thapar, Circle-53(1), 19, Kautilya Marg, New Delhi New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Assessee By : Shri Salil Agarwal, Senior Advocate Along With Shri Shailesh Gupta, Shri Mahur Agarwal, Advocates Revenue By: Shri H. K. Choudhary, Cit Dr Date Of Hearing 11/06/2021 (Last Hearing) Date Of Pronouncement 11/06/2021. O R D E R Per Prashant Maharishi, A. M. 1. These Are Three Appeals For Two Assessment Years Pertaining To One Assessee, Mr. Valmik Thapar, A Resident, Individual [Assessee]. Assessee Filed Ita Number

u/s 143 (3) of the act only test that is to be seen is whether the assessing officer has reason to believe that income has escaped the assessment order not. 46. According to the provisions of Section 147 of the income tax act, if the assessing officer has reason to believe that any income chargeable to tax has escaped assessment

ACIT, NEW DELHI vs. SH. VALMIK THAPAR, NEW DELHI

Appeals are disposed of by this common order as indicated above

Bench: Hon’Ble Justice P.P. Bhatt & Shri Prashant Maharishi(Through Video Conferencing) Shri Valmik Thapar, Vs. Acit, 19, Kautilya Marg, Circle-53(1), New Delhi New Delhi (Appellant) (Respondent) Shri Valmik Thapar, Vs. Dcit, M/S. R. N. Khanna & Company, Ca, Circle-32(1), 14-15F, Shivam House, Connaught New Delhi Place, New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Acit, Vs. Shri Valmik Thapar, Circle-53(1), 19, Kautilya Marg, New Delhi New Delhi Pan: Aacpt7098K (Appellant) (Respondent) Assessee By : Shri Salil Agarwal, Senior Advocate Along With Shri Shailesh Gupta, Shri Mahur Agarwal, Advocates Revenue By: Shri H. K. Choudhary, Cit Dr Date Of Hearing 11/06/2021 (Last Hearing) Date Of Pronouncement 11/06/2021. O R D E R Per Prashant Maharishi, A. M. 1. These Are Three Appeals For Two Assessment Years Pertaining To One Assessee, Mr. Valmik Thapar, A Resident, Individual [Assessee]. Assessee Filed Ita Number

u/s 143 (3) of the act only test that is to be seen is whether the assessing officer has reason to believe that income has escaped the assessment order not. 46. According to the provisions of Section 147 of the income tax act, if the assessing officer has reason to believe that any income chargeable to tax has escaped assessment

FLOVEL ENERGY PVT LTD,NEW DELHI vs. ACIT CIRCLE-9(1), NEW DELHI

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

section 292BB, as notice u/s 143(2) of the Act was duly served upon it and appellant has appeared and cooperated during the assessment proceedings. 6.4 Considering the above facts, AO has correctly initiated the reassessment proceedings in the case of the appellant and objection raised by the appellant on the initiation of reassessment proceedings are not maintainable

AJAY SHARMA,NEW DELHI vs. DCIT, GHAZIABAD

In the result, the appeal of the Assessee is allowed

Bench: Shri Bhavnesh Saini & Shri L.P. Sahu

147 and 143(3) of the I.T. Act to pass the assessment order against the assessee. He has submitted that the issue is covered in favour of the assessee by the judgment of the Hon’ble Delhi High Court in the case of Director of Income Tax vs. Society for Worldwide Interbank Financial Telecommunications

SHRI RISHAV PRAKASH JAIN,NEW DELHI vs. ITO, NEW DELHI

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

Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year : 2001-02 Rishav Prakash Jain, Vs. Ito, 2683/85, Gali Pattey Wali, Ward-30(4), Naya Bazar, New Delhi. New Delhi. Pan: Aagpj5075N (Appellant) (Respondent)

u/s 143(2) of the Act is concerned, the Hon'ble High Court in the said decision, from para 20 onwards, has observed as under:- “20. The proposal to reopen an assessment under Section 147 of the Act is to be based on reasons to be recorded by the AO. Such reasons have to be communicated to the Assessee. However