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2017 (1) TMI 895 - AT - Income TaxValidity of reopening of assessment - notice u/s 143(2) not served within the stipulated time prescribed - calculation of time limit - Held that:- The decision of Krishna Mohan Banik Versus Income Tax Officer [1997 (9) TMI 72 - GAUHATI High Court] clearly supports the plea of the Assessee that the notice u/s.143(2) of the Act ought to have been served on the Assessee in the present case on or before 31.5.2008 as per the law as it prevailed when the Assessee filed return of income on 15.5.2007, whereas it was served only on 5.9.2008. Hence, the entire reassessment proceedings ought to be held as invalid and the order of reassessment is hereby annulled. In view of the aforesaid conclusion, the determination of total income in the reassessment order will have no effect. In the result, the appeal of the Assessee is allowed on the issue of order of assessment being held to be invalid for want of service of notice u/s.143(2) of the Act within the time required by law. - Decided in favour of assessee
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