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2011 (7) TMI 1225 - HC - Income TaxScrutiny Assessment - Issuance of notice beyond the period of limitation u/s 143(2) - Validation of notice u/s 292BB - It is the case of the Revenue that the provisions of Section 292BB of the Act are procedural in nature and, therefore, would apply to all pending proceedings - HELD THAT:- Significantly, section 292BB does not save non-issuance of notice before the expiry of limitation period. In our view, Section 292BB can cure only a defect in service, service within time, or improper service of notice. It is not aimed at curing the defect of non-issuance of notice within the statutory period. We may notice that in the present case, Tribunal had rendered its decision in the year 2006. Section 292BB was introduced with effect from 1.4.2008. We have serious doubt whether such provision can be applied to case on hand. However, without entering into such controversy, we are of the opinion that provisions contained in Section 292BB also would not save the proceedings in the present case. Decided against the Revenue.
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