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2014 (2) TMI 989 - AT - Income TaxService of Notice u/s 143(2) of the Act - Applicability of Section 292BB of the Act - Whether the notice was issued and served within the time contemplated u/s. 143(2) of the Act - Held that:- The notice issued by the AO u/s. 143(2) of the Act in the present case will not fall within any mistake, defect or omission which is in substance and effect in conformity with or according to the intent and purpose of this Act - The requirement of giving of notice because completion of the assessment proceedings cannot be dispensed with by taking recourse to the provisions of Sec.292B of the Act – Relying upon Manish Prakash Gupta v. CIT [2014 (2) TMI 657 - ALLAHABAD HIGH COURT] & CIT v. Parikalpana Estate Development (P.) Ltd. [2012 (10) TMI 617 - ALLAHABAD HIGH COURT] the provisions of section 292BB cannot be applied in a case where admittedly no notice u/s. 143(2) had been issued within the time limit prescribed in law. The provisions of Sec.292BB lay down presumption in a given case - It cannot be equated to a conclusive proof - The presumption if rebuttable - The provisions of section 292BB cannot extend to a case where the question of limitation is raised on admitted factual position in a given case – thus, the provisions of section 292BB of the Act will not be applicable to the present case - the assessment proceedings are invalid for the reason that the notice u/s. 143(2) of the Act had not been issued and served within the time limit prescribed by those provisions - The order of assessment is accordingly annulled – Decided in favour of Assessee.
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