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2021 (11) TMI 854 - AT - Income TaxValidity of assessment - Addition towards family cash found in search - AR submitted that notice u/s 143(2) was not served to the assessee within the specified time - HELD THAT:- Revenue can avail Section 292BB only if notice u/s 143(2) was issued and not when admitted position is that no notice was issued as in the instant case. As the notice u/s 143(2) should have been issued till the date 30/9/2014 but the same was issued after the statutory limit. This fact was not denied by the Ld. DR after going through the assessment records. Hence, the additional ground raised by the assessee are allowed. Thus, the assessment order itself becomes null and void ab initio as the notice issued was not issued within the specified time. Since, the assessment itself becomes nullity; there is no need to discuss the merits of the case. The appeal of the assessee is allowed.
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