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Shri Gajanand Agrawal(Huf), Dhanbad vs Acit Central Cir-3, Ranchi on 15 February, 2019
Somnath Gupta,Kolkata vs Acit, C.C. 2(1), , Kolkata on 10 September, 2025
06. The ld. AR vehemently submitted that the notice u/s 143(2) of the
Act, does not specify whether it is a limited scrutiny or a complete
scrutiny or a compulsory manual scrutiny. The ld. AR submitted that
the CBDT has issued specific instruction vide instruction no. F. No.
Page | 3
ITA No. 1147/KOL/2025
Somnath Gupta; A.Y. 2018-19
225/157/2017/ITA-II Dated 23-06-2017, that the notice u/s 143(2)
shall be issued in one of the three formats which are specifically
mentioned and prescribed but the present notice issued is not in
accordance with such said instruction and therefore, the assessment
framed consequently is invalid and void ab initio. The ld. AR in defense
of his arguments relied on the decisions of Tapas Kumar Das Vs. ITO in
ITA No. 1660/KOL/2024 vide order dated 11.03.2025 for A.Y. 2017-18
and Ashok Kumar Agarwal and others HUF Vs ACIT Cir 34 ITA No.
1/Kol/2025 A.Y. 2017-18, wherein similar issue has been decided in
favour of the assessee. The ld. AR therefore prayed that the additional
ground raised by the assessee may kindly be allowed.
M/S. Assam Industrial Development ... vs Deputy Commissioner Of Income-Tax, ... on 20 November, 2025
5. The ld. AR vehemently submitted that the notice u/s 143(2) of
the Act does not specify whether it is a limited scrutiny or a complete
scrutiny or a compulsory manual scrutiny. The ld. AR submitted that
the CBDT has issued specific instruction vide instruction no. F. No.
225/157/2017/ITA-II Dated 23-06-2017, that the notice u/s 143(2)
shall be issued in one of the three formats which are specifically
mentioned and prescribed but the present notice issued is not in
accordance with such said instruction and therefore, the assessment
framed consequently is invalid and void ab initio. The ld. AR in defense
of his arguments relied on the decisions of Tapas Kumar Das Vs. ITO
in ITA No. 1660/KOL/2024 vide order dated 11.03.2025 for A.Y. 2017-
18 and Ashok Kumar Agarwal and others HUF Vs ACIT Cir 34 ITA No.
1/Kol/2025 A.Y. 2017-18, wherein similar issue has been decided in
favour of the assessee. The ld. AR therefore prayed that the additional
ground raised by the assessee may kindly be allowed.
Hindcon Chemicals Limited,Kolkata vs D.C.I.T., Circle - 11(1),, Kolkata on 2 December, 2025
2.3. The ld. AR vehemently submitted that the notice u/s 143(2) of
the Act, does not specify whether it is a limited scrutiny or a
complete scrutiny or a compulsory manual scrutiny. The ld. AR
submitted that the CBDT has issued specific instruction vide
instruction no. F. No. 225/157/2017/ITA-II Dated 23-06-2017, that
the notice u/s 143(2) shall be issued in one of the three formats
which are specifically mentioned and prescribed but the present
notice issued is not in accordance with such said instruction and
therefore, the assessment framed consequently is invalid and void ab
initio. The ld. AR in defense of his arguments relied on the decisions
of Tapas Kumar Das Vs. ITO in ITA No. 1660/KOL/2024 vide order
dated 11.03.2025 for A.Y. 2017-18 and Ashok Kumar Agarwal and
others HUF Vs ACIT Cir 34 ITA No. 1/Kol/2025 A.Y. 2017-18, wherein
similar issue has been decided in favour of the assessee. The ld. AR
Page | 3
ITA No. 1807/KOL/2025
Hindcon Chemicals Limited; A.Y. 2014-15
therefore prayed that the additional ground raised by the assessee
may kindly be allowed.
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