Held that the Assessing Officer had not issued the mandatory notice under section 143(2) of the Act as found by the Principal Commissioner, the question of section 292BB coming to the rescue of the Assessing Officer to pass the reassessment order did not arise. The order passed by the Assessing Officer under section 143(3)/147 of the Act being without jurisdiction and, therefore, non est in the eyes of law, the Principal Commissioner could not have exercised his power under section 263 of the Act in respect of a non est order. His order also null in the eyes of law and liable to be quashed. Followed CIT v. Laxman Das Khandelwal (2019) 417 ITR 325 (SC). (AY.2010-11)
Khushi Commotrade Pvt. Ltd. v. PCIT (2021) 88 ITR 14 (SN) (Kol.) (Trib.)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Revision of reassessment order-Reassessment was farmed without issue of mandatory notice under section 143(2) of the Act-Not curable defects-Revision assessment order which was non est in law is null and void. [S. 143(2), 143(3), 147, 148, 292BB]