Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2014 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (1) TMI 187 - AT - Income TaxValidity of assessment order - Held that:- The limitation as laid down in the amended Proviso to Section 143 (2) (ii) is applicable - Following 'C.B. Richards Ellis Mauritius Ltd. vs. Asstt. Director of Income-tax' [2012 (6) TMI 37 - DELHI HIGH COURT] - The return in this case was filed on 18.10.2007, the limitation for service of notice u/s 143 (2) would be six months from the end of the financial year in which the return is furnished - The notice u/s 143 (2) of the Act, even as per the record, was issued on 30.09.2008, which is, clearly, beyond the limitation prescribed. Date of service of notice - Following 'Commissioner of Income-tax vs. Vardhaman Estate (P) Ltd. [2006 (9) TMI 128 - DELHI High Court] - The authorities below have erred in taking the date of issuance of the notice u/s 143 (2) of the Act, as the deemed date of the service of such notice on the assessee - The date of service of such notice is the date of its actual receipt by the assessee - The notice u/s 143 (2) of the Act was served on the assessee beyond the time limit prescribed by the Proviso to Section 143 (2) (ii) as applicable - All proceedings pursuant to such notice are held to be illegal - Decided in favour of assessee.
|