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2014 (3) TMI 931 - AT - Income TaxRegular Assessment - Matter remitted back from High Court – Bar of limitation - Failure to serve Notice u/s 143(2) of the Act within time – Held that:- The observations made by Hon’ble High Court are very much relevant that, during the course of argument, the appellant contended that the very issuance of notice u/s 143(2) and the time provided u/s 143(2)(ii) was over – the High Court has made its mind very clear that the proceedings cannot be taken against the assessee, if the notice issued u/s 143(2)(ii) is beyond the time specified under the provisions – assessee pointed out that the return of income is filed on 06.05.2005 - the notice u/s 143(2) was served on 03.11.2006 - The time gap between the date of filing of return and the date of service of notice is more than 12 months - the notice is barred by limitation in terms of the time limit prescribed u/s 143(2) of the Act – thus, the order of the Ao set aside – Decided in favour of Assessee.
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