Absence of Notice under Section 143(2) Held Fatal

The Nagpur Bench of the Income Tax Appellate Tribunal dismissed the Revenue’s appeal and allowed the cross-objection filed by the assessee by holding that reassessment proceedings completed without issuance of mandatory notice under Section 143(2) were void ab initio. 

The Tribunal reiterated that participation in assessment proceedings does not cure complete absence of jurisdictional notice and that Section 292BB cannot validate proceedings where no notice under Section 143(2) was ever issued. 

While upholding the power of the Commissioner (Appeals) to remand matters for de novo adjudication under Section 251(1)(a), the Tribunal ultimately quashed the entire reassessment on the assessee’s cross-objection.