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Dcit, Circle - 12(1), Kolkata , Kolkata vs M/S. Merino Industries Limited , ... on 6 February, 2025
cites
Section 10 in The General Clauses Act, 1897 [Entire Act]
The Income Tax Act, 1961
Section 144 in The Income Tax Act, 1961 [Entire Act]
Maya Debi Bansal vs Commissioner Of Income-Tax on 20 September, 1978
8. Even the issue is covered by the decision of the Jurisdictional
Calcutta High Court in the case of "Maya Debi Bansal vs. CIT" (supra)
wherein, the assessee had filed the return in a wrong form i.e. Form no.2
in response to notice issued u/s 148 of the Act instead of prescribed
form applicable in the year under consideration. The ACC held that the
assessment order passed u/s 143(3) on the basis of a return not filed in
proper form was invalid and the assessment made thereon was void ab
initio and hence, the assessment for the year under consideration was
13
I.T.A No.174/Kol/2019 & I.T.A No.292/Kol/2019
Assessment year: 2014-15
M/s Merino Industries Ltd
cancelled. However, it was directed that the ITO may proceed on the
basis of fact that the assessee did not file return in response to notice
u/s 148 of the Act. The matter travelled to the ITAT, the ITAT held that
the assessment order could not be annulled. That since the return was
not filed in the proper form hence, the same could not be taken
cognizance of and the assessment order be treated as passed u/s 144 of
the Act as best judgment assessment and not u/s 143(3) of the Act.
Section 119 in The Income Tax Act, 1961 [Entire Act]
Section 2 in The Income Tax Act, 1961 [Entire Act]
Acit, Circle- 5(1), New Delhi vs Blue Coast Hotels Ltd., New Delhi on 17 March, 2023
Learned co-ordinate bench has held in other words that such an issuance
of fresh section 143(2) notice is a condition precedent going by the
honourable apex court land mark decision in Hotel Blue Moon case
(supra). We adopt the very reasoning mutatis mutandis to accept the
assessee's additional substantive grounds 20 to 25. The impugned
assessment stands annulled therefore. Ordered accordingly. All other rival
pleadings in assessee's and Revenue's cross appeals on merit are
rendered infructuous as the necessary corollary.
Section 148 in The Income Tax Act, 1961 [Entire Act]
The Bombay Oil P.Ltd, Mumbai vs Dcit 9(2), Mumbai on 29 November, 2017
In holding so, we
find support and guidance from the order of co-ordinate Bench of this
Tribunal in the case of Bombay Oil Industries Ltd. vs. DCIT reported in
[2009] 28 SOT 383 (Bom), wherein it was held as under:-