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2016 (9) TMI 746 - AT - Income TaxValidity of the assessment - notice u/s. 143(2) not served within the prescribed time - Held that:- The Tribunal has taken a view in a number of cases that if notice u/s. 143(2) is not served within the prescribed period, the assessment framed consequent thereto is bad in law and deserves to be quashed, following the various judgments of different High Courts. We therefore, following the judgment of the Hon’ble Allahabad High Court in ACIT v. Greater Noida Industrial Development Authorit [2015 (8) TMI 620 - ALLAHABAD HIGH COURT] to hold that the notice u/s. 143(2) was not served within the prescribed period, therefore assessment framed consequent thereto is quashed. Accordingly, we set aside the order of the CIT(Appeals) as well as the assessment order. Since we have quashed the assessment order, we find no justification to deal on the merits of the case. - Decided in favour of assessee.
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