Section 143, 147, 148 of Income tax Act, 1961—Reopening of assessment—In the instant case, present appeal has been filed against the order passed by tribunal and the following matter came up for hearing—

"Whether ITAT erred in law and on facts while holding that the notice under Section 143(2) was validly served within limitation and that the proviso to section 143 did not apply to a return filed in response to notice under Section 148 of the Act."

Held that— the record reveals that in response to the notice under Section 148, the returns were filed in consequence thereof, the officer has to apply his mind to the contents of fresh return and then issue a notice under section 143(2) of the Act which has not been done in the present case. The satisfaction under reasons to believe must be recorded by the assessing officer after applying mind to the contents of fresh return before issuing notice under Section 143(2) of the Act.

In view of the judgment of Smt. Meenakshi Devi (supra), it reveals that the provision contained in Section 143(2) of the Act is mandatory in nature and it shall be obligatory for the Assessing Officer to apply mind to the contents of the return filed in response to notice under Section 148 of the Act and record reasons and thereafter, issue notice under Section 143(2) of the act before proceeding to decide the controversy with regard to escaped assessment.[LATE LALA CHANDRA BHAN BANSAL VERSUS THE COMMISSIONER OF INCOME TAX][2019] 11 ITCD Online (17) [ ALLAHABAD HIGH COURT]