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2019 (6) TMI 403 - HC - Income TaxValidity of assessment proceedings - notice u/s 143(2) issued beyond the limitation prescribed under the proviso attached to Section 143(2) - period of limitation - HELD THAT:- There is no dispute that the return was filed in the financial year 2004-05 which ended on 31.03.2005 and the notice u/s 143(2) was being issued on 08.08.2006 as admitted by the Assessing Authority himself, which was far beyond the limitation prescribed under the proviso attached to Section 143(2) which ended on 30.09.2005 and thus was clearly hit by limitation. In such view of the matter, the entire exercise by the Assessing Authority u/s 143(3) is illegal and time barred and its affirmation by the appellate authority is an illegality perpetuated. For the reasons discussed, we quash the entire proceedings including the assessment order passed by the Assessing Authority for the assessment year 2004-05 - Decided in favour of assessee
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