ITO-2, Ambikapur Vs. M/s. Basant Kumar Mishra

Parties Involved

Facts Summary

The assessee, M/s. Basant Kumar Mishra, was assessed under Section 143(3) of the Income-tax Act, 1961 for the assessment year 2009-10. The case was reopened under Section 147 of the Act due to non-deduction of TDS under Sections 194A and 194C. Additions were made under Section 40(a)(ia) of the Act for Rs.1,56,500/- and Rs.58,50,226/- respectively. The assessee appealed to the Commissioner of Income-Tax (Appeals) who partly allowed the appeal. Dissatisfied, the revenue filed an appeal before the Income Tax Appellate Tribunal. The Tribunal dismissed the appeal as the assessment was made without issuing a notice under Section 143(2) of the Act, which is a mandatory requirement.…

Legal Issues

• 1. Whether the issuance of a valid notice u/s.143(2) is a sine-qua-non for framing of a valid assessment?
• 2. Whether the assessment framed by the A.O u/s. 147 of the Act, dated 27.05.2014 can sustain?

Judgment Outcome

Decided in favour of Revenue.

Precedents Relied Upon

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