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Judgment
This assessee’s appeal for Assessment Year, arises against the NFAC, Delhi DIN & order No. ITBA/NFAC/S/250/2025-26/1087191767(1) dated 11.03.2026, in proceedings u/s 147 of the Income Tax Act, 1961 (in short “the Act”).
Heard both the parties. Case file perused.
For the reasons stated in the assesses’s condonation averments, delay of 33 days in filing of instant appeal is hereby condoned in light of Collector, Land & Acquisition vs. Mst. Katiji & Others (1987) 167 ITR 471 (SC).
The assessee/ appellant first and foremost argument raised herein that the learned Assessing Officer’s impugned reassessment framed on 24.11.2023 itself is not sustainable in law for want of issuance of notice u/s.143(2) of the Act. It is made clear that the said assessment order at page-2 nowhere indicates issuance and service of such notice itself held mandatory the Hotel Blue Moon Vs. ACIT (2010) 321 ITR 362 (SC). Coupled with this, the assessee’s learned counsel has further invited the tribunal’s attention to his return submitted on 26.10.2023 in response to the Assessing Officer’s section 148 notice as well (page -12 of the paper book).
Faced with the situation, this tribunal hereby concludes that the impugned assessment framed in the assessee’s case is a non-est one in law which is hereby quashed for non-issuance of section 143(2) notice in very terms. Ordered accordingly.
All other pleadings on merits stand rendered academic.
The assessee’s appeal is allowed.