Supreme Court upholds quashing of Orissa Mining income tax reassessments for want of mandatory notice

The Supreme Court has held that income tax reassessment proceedings cannot go ahead without the mandatory notice under Section 143(2) of the Income Tax Act, dismissing the Revenue's appeals in PCIT Bhubaneswar v Orissa Mining Corporation Ltd. (2026 INSC 1171, judgment dated 28 October 2026). A bench of Justices Sanjay Kumar and Sanjeev Sachdeva ruled that a taxpayer's participation does not cure a notice that was never issued, that Section 292BB covers faulty service rather than non-issuance, and that neither a Section 142(1) letter nor treating an earlier return as the Section 148 response can substitute for the notice. The Income Tax Appellate Tribunal had set aside the reassessments and the High Court had upheld that decision. Sources: LiveLaw Biz Raw Law (Livelawbiz, Rawlaw)

• The Supreme Court has held that income tax reassessment proceedings cannot go ahead without the mandatory notice under Section 143(2) of the Income Tax Act, dismissing the Revenue's appeals in PCIT Bhubaneswar v Orissa M
• (2026 INSC 1171, judgment dated 28 October 2026).
• A bench of Justices Sanjay Kumar and Sanjeev Sachdeva ruled that a taxpayer's participation does not cure a notice that was never issued, that Section 292BB covers faulty service rather than non-issuance, and that neithe