S. 143(3) assessment order without AO’s signature is Void

M/s. Vijay Corporation vs. ITO (ITAT Mumbai)

The AO passed an assessment order u/s 143(3) and issued the Income-tax Computation Form (ITNS 150), Demand Notice u/s 156 and Penalty Notice u/s 271(1)(c). While all the other documents were signed by the AO, the assessment order was not. In reply to the assessee’s contention that the assessment order was invalid, the department relied on s. 292B and Kalyankumar Ray vs. CIT 191 ITR 634 (SC) and argued that the Act does not require the service of an assessment order and the service of a valid ITNS 150 & demand notice was sufficient. HELD rejecting the department’s plea