Dismissing the appeal of the revenue the High Court held that where notice under section 143(2) was issued to assessee prior to filing of return of income, said notice being invalid, assessment order passed in pursuance of same deserved to be set aside. Court also held that non-issuance of notice under section is not a procedural irregularity and same cannot be cured under section 292BB of the Act. Order of Tribunal quashing the assessment order is affirmed. (AY. 2005-06)
PCIT v. Marck Biosciences Ltd. (2019) 106 taxmann.com 399 (Guj.)(HC) Editorial: SLP of revenue is dismissed as withdrawn due to low tax effect, PCIT v. Amantha Health Care Ltd (2020) 272 Taxman 35 (SC)
S. 143(2) : Assessment-Notice-non-issuance of notice under section 143(2) is not a procedural irregularity and same cannot be cured under section 292BB-Notice issued to prior to filing of return of income, said notice being invalid, assessment order passed in pursuance of same deserved to be set aside. [S. 143 (3), 292BB]