The Tribunal upheld the issuance of notice under section 148 though the Assessing Officer could have issued a notice under section 143(2) to make the regular assessment under section 143(3). On appeal the Court held that the order under section 143(1)(a) was confirmed on August 11, 2000 when the return was filed and the notice under section 148 came to be issued before the assessment could have been done. The Tribunal had committed an error in upholding the notice issued under section 148. Order of CIT(A) was accepted.
Loku Ram Malik v. CIT (2022) 440 ITR 159 (Raj.)(HC)
S. 148 : Reassessment-Notice-Pendency of assessment-Time limit for issue of notice u/s. 143(2) was not expired-Notice issued for reassessment was quashed. [S. 143(1)(a), 143(2), 143(3), 147]