The assessee filed a return in response to notice under section 148 but failed to e-verify it within the prescribed time. The Tribunal held that an unverified return is non est in law and cannot be treated as a valid return under section 139. Consequently, the Assessing Officer was not required to issue a notice under section 143(2), as such notice can be issued only where a valid return has been furnished. (AY. 2017-18).
Vijay Kumar Patel v. Pr. CIT (2025) 122 ITR 436 (Raipur)(Trib.)
S. 143(2): Assessment-Notice-Return filed in response to notice under section 148 not e-verified-Return non est-Notice under section 143(2) not mandatory.[S. 139, 148]
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