Notice u/s 143(2) Issued By AO Before Assessee Files ITR is Not Valid: ITAT Mumbai

In the case of Sudhir Menon vs. ACIT, ITAT Mumbai has held that:

A notice u/s 143(2) issued by the AO before the assessee files a return of income has no meaning. If no fresh notice is issued after the assessee files a return, the AO has no jurisdiction to pass the reassessment order and the same has to be quashed.

In view of consistent view of jurisdictional High Court and Delhi High Court, in the absence of pending return of income, the provisions of section 143(2) of the Act is clear that notice can be issued only when a valid return is pending for assessment. Accordingly, this notice has no meaning.

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