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2017 (12) TMI 1063 - HC - Income TaxValidity of notice u/s 143(2) - period of limitation - Held that:- In the present case, we do not see any such proceedings in which the assessee was informed of the inadmissibility of the returns or the grounds on which the returns were sought to be rejected. A notice was issued under Section 158BC on 23.05.2000 and the assessee filed its return in Form 2B on 24.07.2000. It was after the returns were filed, the necessity of a notice under Section 143(2) of the Act arises; if the return is not accepted. Assessing Officer was obliged to issue such a notice within the 12 month period as provided under Section 143(2) of the Act. Herein, though a contention is raised that the notice was dated prior to the limitation period, it was served only after the period of limitation, as admitted by the department before the Tribunal. Whether it is three days, three months or three years, if the notice is served after the limitation period, there could be no further proceedings taken. We are inclined to agree with the order of the Income Tax Appellate Tribunal and answer the question in favour of the assessee and against the Department.
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