Reassessment proceeding against BCCI quashed due to failure of issuance of Notice

Last updated: 05 August 2021

Court :
ITAT Mumbai

Brief :
In Deputy Commissioner of Income Tax Central Circle 6(2), Mumbai v. Board of Cricket Control in India, Wankhede Stadium, D Road, Marine Drive, Mumbai 400 020 [PAN: AAATB0186A] ITA No. 2914/Mum/2017, the Deputy Commissioner of Income Tax Central Circle 6(2), Mumbai ('the Appellant') has challenged correctness of the order dated January 09, 2019 passed by CIT(A) quashing the reassessment order passed by the Appellant without issuance of notice under Section 143(2) of the Income Tax Act, 1961 ('the IT Act'), for the assessment year 2008-09.

Citation :
ITA No. 2914/Mum/2017

In Deputy Commissioner of Income Tax Central Circle 6(2), Mumbai v. Board of Cricket Control in India, Wankhede Stadium, D Road, Marine Drive, Mumbai 400 020 [PAN: AAATB0186A] ITA No. 2914/Mum/2017, the Deputy Commissioner of Income Tax Central Circle 6(2), Mumbai ('the Appellant') has challenged correctness of the order dated January 09, 2019 passed by CIT(A) quashing the reassessment order passed by the Appellant without issuance of notice under Section 143(2) of the Income Tax Act, 1961 ('the IT Act'), for the assessment year 2008-09.

The Hon'ble bench of Income Tax Appellate Tribunal, Mumbai recalling and relying on its previous decision against the same Respondent held the reassessment order cannot be complied with since issuance and service of notice is a 'foundational requirement' for assessment under Section 143(3) read with Section 147 of the IT Act.

Dismissed the appeal.