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2020 (10) TMI 253 - HC - Income TaxReopening of assessment u/s 147 - absence of a notice u/s 143(2) - Department failed to get any confirmation from any authority in support of his decision to re-open the assessment - whether at all an argument is required to be made by referring to Section 292BB? - HELD THAT:- Procedure has been followed, notices under Section 143(2) were issued and the case on hand is not a case where notice was not issued and from the facts recorded, we find that there is no procedural irregularity and the question of applying Section 292BB of the Act would not arise in the facts and circumstances of the case on hand. Furthermore, we noted that the assessee appears to have been well aware of this position and precisely for that reason, the grounds canvassed before us were never canvassed at an earlier stage. We hold that the order passed by the Tribunal does not call for any interference and the substantial question of law (c) has to be decided against the assesseee. So far as substantial questions of law (a) and (b) are concerned, on facts, we have found that there are proper issuance and service of notices under Section 143(2) of the Act and consequently, the substantial questions of law though cannot be canvassed for the first time before this Court, as the assessee was never prejudiced earlier, yet on facts, we found that there is statutory compliance of the procedure under Section 143 of the Act. Contention regarding the applicability of Section 153 of the Act, we find that at the relevant time, the limitation was one year and the order could have been passed on or before 31.03.2013. Therefore, on this aspect also, the assessee's contention has to be rejected. - Decided against assessee.
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