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2021 (7) TMI 1381 - AT - Income TaxAdmission of additional ground of appeal - Failure in issuing section 143(2) notice “within a specified time factor of six months from the end of financial year of furnishing of its return" - HELD THAT:- We find merit in assessee's instant additional ground petition as per All Cargo Global Logistics Ltd. Vs. DCIT [2012 (5) TMI 466 - ITAT MUMBAI] holding in light of hon'ble apex court’s judgment in NTPC Ltd[1996 (12) TMI 7 - SUPREME COURT] that this tribunal can very well entertain a pure question of law, in order to determine correct tax liability of an assessee provided all the relevant facts are already on record. Valid notice u/s 143(2) - assessment on fringe benefits - whether notice issued for the purpose of assessment on fringe benefits? - HELD THAT:- We find no merit in Revenue’s foregoing arguments since the said notices pertained to section 115WE(2) Fringe Benefit Tax “FBT” proceedings (abolished w.e.f. A.Y. 2010-11) than assuming jurisdiction for determining the assessee's correct taxable income despite the fact that it had duly filed its return on 29.09.2008. We thus quote Hotel Blue Moon [2010 (2) TMI 1 - SUPREME COURT] and hold that the impugned assessment is not sustainable in law since framed in absence of a valid section 143(2) notice issued within the prescribed time period. The same stands quashed therefore. All other pleadings on merits are rendered academic.
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