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Whether the finding of the Tribunal (& the CIT (A)) that non issuance of notice under Section 143(2) of the Income Tax Act, does not vitiate the proceedings, is unsustainable in view of the judgment of theHon'ble Supreme Court reported in 2010(3) SCC 259, and consequently, the assessment has to be set aside on this ground also ?

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Section 132, 143(2) & 158BC of the Income Tax Act, 1961 — Search and Seizure — Assessment made by the Assistant Commissioner pursuant to the notice issued under section 158BC was vitiated for want of the mandatory notice under section 143(2), no notice under section 143(2) was issued to the assessee— Commissioner of income tax vs. Sodder Builder and Developers P. Ltd. [2019] 419 ITR 436 (Bombay)

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