Anidhi Impex Pvt. Ltd. v. ITO (2019)73 ITR 379 (Mum.) (Trib.)

S. 143(2) : Assessment – Notice – If the notice was not served upon a person authorised to receive it, the notice cannot be said to be validly served and consequently the assessment is void. [ S.282(1)]

The AO had served notice u/s 143(2) on 27 August 2013 upon a certain person who was in part time employee of the assessee till 31 March 2011. Subsequently, the AO had again issued notice u/s 143(2) on the directors [beyond the time limit for the said notice]. The Tribunal noted that the assessee had submitted affidavit from the part time employee wherein the said person had refused to accept the notice (as he was no longer associated with the assessee) and he could not send the notice to the company due to the change in address. Further, the directors also filed affidavits reconfirming the facts. The Tribunal after analysing the provisions of section 282 of the Act and the provisions of the Civil Procedure Code, 1908 considered that the notice was not served upon a person who was authorised to receive it and thus lead to invalid service/ non-service of notice and the assessment order u/s 143(3) was to be quashed. (AY. 2012-13)