Allowing the appeal of the assessee ,the Tribunal held that ,if the notice u/s 143(2) is issued prior to the furnishing of return by the assessee in response to notice u/s 148, the notice issued u/s 143(2) is not valid and the reassessment framed on the basis of said notice has to be quashed. S. 292BB does not save the assessment.(ITA Nos. 5163 & 5164/Del/2010 & ITA No. 5554/Del/2012 dt.02/07/2018) ( AY. 2004-05,2005-06)
Halcrow Groups Ltd.v. ADIT ( 2018) 194 TTJ 704 /167 DTR 103(Delhi)(Trib), www.itatonline.org
S. 143(2) : Assessment – Notice -Reassessment- If the notice u/s 143(2) is issued prior to the furnishing of return by the assessee in response to notice u/s 148, the notice issued u/s 143(2) is not valid and the reassessment framed on the basis of said notice has to be quashed. S. 292BB does not save the assessment [ S.147) 148, 292BB ]