Tribunal held that on filing the return in pursuance of notice u/s 148 on October 5, 2015, and the notice under section 143(2) was issued on the very same date. Tribunal held that this showed non-application of mind on the part of the Assessing Officer in issuing notice under section 143(2) and thereafter assuming jurisdiction to frame assessment. The notice was not tenable in law and the proceedings needed to be quashed.( AY.2008-09)
Durga Ferrous P. Ltd. v. ITO (2020) 78 ITR 24 (SN) ( Delhi ) (Trib
S.147:Reassessment —Notice under section 143(2) issued on same date as return filed in response to notice — Non-application of mind- Reassessment is held to be not valid [ S.143(2) , 148 ]