Validity of service of notice u/s 148 - curable u/s 292B - In present case, Notice u/s 148 of the Act was issued to the assessee. In response thereto, the assessee filed its return declaring nil income and the assessment was completed by making additions. Feeling aggrieved, the assessee filed an appeal before the CIT (A). the CIT(A) deleted the addition made on account of undisclosed income in servicing of vehicles. Being not satisfied, the assessee as well as the revenue filed appeals before the Tribunal. The Tribunal dismissed the appeal filed by the revenue and allowed the appeal filed by the assessee. The Tribunal recorded that the service of notice u/s 148 was not valid and, consequently, the assessment order was annulled. Hence, the present appeal by the revenue.
HELD THAT:- It is not disputed that in the return which was filed by the assessee, it was mentioned that the same was filed in response to notice u/s 148. No objection regarding valid service of notice was raised before the AO. Once that is so, the argument of the assessee that there was no valid service of notice u/s 148 fails. The Tribunal was, thus, in error in concluding otherwise and holding the proceedings to be invalid.
Suffice it to notice, that the plethora of judgments on which learned counsel for the assessee had placed reliance, does not advance the case of the assessee as either in those cases, Section 292BB or Section 292B was not under consideration or it was on individual fact situation involved therein that the cases had been decided. In view of the above, the substantial questions of law are answered in favour of the revenue and against the assessee.
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