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2011 (8) TMI 767 - AT - Income TaxIssue of notice versus service of notice - Income escaping assessment - validity of notice - Bogus or genuine transaction - Apex Court in the case of R.K.Upadhyaya Vs. Shana Bhai P.Patel – (1987 -TMI - 5229 - SUPREME Court) - Held that: there is a complete and clear distinction between two legal processes i.e., the issuance of notice and service of notice, each having distinct purposes/functions - there has been proper issue of notice within the limitation period of six years and I fully agree with the reasoning and discussion given by the learned AM in this regard to uphold the validity of assessment framed - Decided against the assessee by way of remand
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