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2022 (7) TMI 1288 - ITAT DELHIValidity of assessment u/s 153B - belated notice issued u/s 143(2) - HELD THAT:- In view of the decision of Hon’ble Supreme Court in Hotel Blue Moon [2010 (2) TMI 1 - SUPREME COURT] AO in the instant case has no jurisdiction to make assessment on the basis of belated notice issued under Section 143(2) of the Act. The defect, being substantive, is not curable under Section 292B of the Act. Section 292BB also does not apply as the notice issued under Section 143(2) itself has been issued after limitation period and merely served belatedly. The impugned assessment order culminated from a belated jurisdictional notice is thus nonest and deserves to be quashed. - Decided in favour of assessee.
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