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2016 (9) TMI 1071 - ITAT INDOREValidity of assessment - Notice served u/s. 143(2)(iii) - applicability of provisions of section 292BB - Held that:- In this case the assessee has filed the return of income, which was selected for scrutiny and assessment was completed u/s.143(3)(ii) of the Act. The undisputed fact in this case is that though the notice u/s.143(2) was issued on 26.09.2008 to the assessee, which is beyond the prescribed statutory time limit prescribed. Now the law is well settled that it is mandatory on the A.O. to issue the notice u/s.143(2) and served the same on the assessee within 12 months from the end of the month in which the assessee has filed the return of income. We, therefore, respectfully following the principles laid down by the Hon'ble Special Bench in the case of Kuber Tobacco Products (P) Ltd. [2009 (1) TMI 304 - ITAT DELHI] hold that even if in the present assessment year in i.e. A.Y. 2007-08, the assessee has fully participated in the assessment proceeding and even did not raise any objection till the completion of the said proceedings, yet the assessee can validly raised an objection for non service of the notice u/s.143(2) of the Act within the time limit prescribe vide proviso to said sub-section, as Sec. 292BB of the Act is applicable from the A.Y. 2008-09. In this case, admittedly, the A.O. has has served the notice u/s. 143(2) on 30.09.2008 i.e. after the expiry of twelve months from 24.07.2007 i.e. the date of filing of return of income. We find no merit in the plea of the Ld. D.R. that the notice was issued after 1.4.2008 hence provision of section 292BB are applicable as amendment is effective for AY 2008-09 onwards only as discussed above. We, therefore, hold that assessment order passed by the A.O. u/s.143(3) is bad in law and we accordingly cancel the same
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