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2012 (2) TMI 32 - ITAT INDOREJurisdiction defect u/s 158BD – undisclosed income of any other person - assessee filed return in pursunace of notice issued to him u/s 158BD on 24.08.06 after two years 8 months and 23 days of passing the order in case of group searched - Notice u/s 143(2) issued to the assessee on 24.07.08 i.e. after one year 9 months and 12 days from the date of filing of the block return by assessee – Revenue rescuing to Section 292BB – Held that:- Prior to 1.4.2008 a notice u/s 143(2) could have been given within 12 months from the end of the month in which the return is furnished. Hence, in the present appeal, the notice could have been given only upto 31.10.2007 as on 1.4.2008 the limitation period had already expired. Omission on the part of the A.O. to issue notice u/s 143(2), therefore, cannot be a procedural irregularity and the same cannot be dispensed with. Where the legislature intended to exclude certain provisions from the ambit of section 158BC(b), it has done so specifically. Thus, when section 158BC(b) specifically refers to applicability of the proviso hereto, it cannot be excluded, therefore, section 292BB cannot come to Revenue's rescue. Even otherwise, section 292BB was effective from 1.4.2008 , whereas the return u/s 158BD was filed by the assessee on 12.10.2006 and notice u/s 143(2) was issued beyond period of limitation – Decided against the Revenue.
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