Description:
Once a valid return under section 148 is filed by the assessee, the provisions of section 143 (2) being mandatory in nature, the non-issue of notice under this sub-section within the time limit prescribed statutorily will render the order passed under section 143 (3) invalid. Therefore, the assessment-framed under section 143(3) read with section 147 was held to be invalid.
In the circumstances it is better to revise the return if the assessment has not so far been completed.
Else you can bring this fact to the notice of assessing officer and ask him to issue a notice under section 148. In response to that notice you can file the correct return.
Source:
1. www.tpcc.in
2. The Tax Referencer .Volume121. Issue No.4, 26 Sept.2011, Page No.25.
Assessment U/s 143(3) is invalid if the notice is not issued U/s 143(2) when a valid Return of Income filed U/s 148.
