Mahesh Gautam v. CIT (2025) 307 Taxman 207 (All.)(HC)

S. 282: Service of notice-Income tax Appellate Tribunal-Speed post-Registered post-Envelope containing notice under section 148 was not returned back-Service of notice through personal service as specified by Order V rule 17 of CPC and Part II of section 282(i) was not validly made-The service of notice through the Income Tax Inspector was also not made upon the appellant by affixing the same on the address of the assessee in absence of personal service upon the assessee-Order passed by Tribunal is set aside-Interpretation of statutes: Rule of strict interpretation.[S. 142(1), 144, 147, 148, 254(1), 260A, Code of Civil Procedure, 1908, Order V rule 17 of Code of Civil Procedure, Indian Post Office Act, 1898, the Post Office Act, 2023, the Indian Post Office Rules, 1933, the Post Office Rules, 2024, R. 2(1)(k), 58, 60, 62, General Clauses Act, 1897, S. 27, Indian Evidence Act 1872, S.114(f)]

Assessee filed return of income for assessment year 2002-03. Based on information from Central Excise Department, Assessing Officer issued notices under section 148 for assessment years 2001-02, 2002-03, and 2003-04 through speed post, but no return was filed. Subsequent notices under section 142(1) were also not complied with. The inspector reported the assessee as untraceable. Assessing Officer, therefore, completed reassessment under section 147 read with section 144. Section 148, as well as Section 282, clearly provide that a notice sent through post must be delivered personally to the addressee and not merely at his address. Consequently, in the absence of personal service on assessee, the legal presumption of service under section 27 of the 1897 Act and section 114(f) of the 1872 Act can only be applied when notice is sent via registered post and not by speed post. Since, in the instant case, notice was sent by speed post without any acknowledgement, consequently, presumption of service under section 27 of the 1897 Act read with section 114(f) of the 1872 Act could not be invoked even if the envelope containing notice under section 148 was not returned. Therefore, there was no service of notice under section 148 through post upon the assessee, and accordingly, the order was quashed. Referred,  Milan Poddar v. CIT, Ranchi [2012] 24 taxmann.com 27/357 ITR 619/[2012] 211 Taxman 403 (Jharkhand)(HC), CIT v. Hotline International (P.) Ltd [2007] 161 Taxman 104/296 ITR 333 (Delhi)(HC), Lala Madan Lal Agarwal v. CIT [1983] 13 Taxman 120/144 ITR 745 (All)(HC).  (AY. 2001-02, 2002-03 & 2003-04)

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