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2018 (3) TMI 1166 - HC - Income TaxReopening of assessment - failure to serve the Notice u/s 143(2) within prescribed time - Held that:- It is a settled position in law that a service of notice under Section 143(2) of the Act is a sine qua non for completion of assessment under Section 143(3) of the Act. In this case, admittedly, the notice is served beyond the period as prescribed in Section 143(3) of the Act. The grievance of the Revenue that as the respondent had participated in the assessment proceedings and raised the objection of non-service of notice under Section 143(2) of the Act only at the end of the assessment proceedings, it must be deemed that the objection is waived but the proceedings in the absence of service of notice, within the prescribed time will not be saved by Section 292BB of the Act as the proviso thereto very clearly states that if an objection is raised before the completion of assessment proceedings, then, a notice would not be deemed to have been validly served upon the respondent within time provided under the Act. - Decided against revenue
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