Pr.CIT Vs Marck Biosciences Ltd

Whether assessment is invalid if no notice u/s 143(2) of the Act, is issued after the assessee filed the return of income – YES: HC

Whether the assessment order framed u/s 143(3) read with section 147 of the Act would be rendered invalid in the absence of a notice u/s 143(2) – YES: HC

Whether provisions of Sec 292BB will apply to case where no notice has been issued u/s 143(2) before completing assessment u/s 143(3) read with section 147 – NO: HC

Whether non-issuance of a notice u/s 143(2) is procedural irregularity and can be cured u/s 292BB – NO : HC

– Revenue’s appeal dismissed: GUJARAT HIGH COURT

R/Tax Appeal No.1374 of 2018