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2023 (4) TMI 937 - ITAT DELHIValidity of the assessment order passed u/s 143(3) - alleged failure of the AO in issuing and serving the notice u/s 143(2) of the Act within the prescribed period of limitation - HELD THAT:- It is trite law that intimation issued under Section 143(1) of the Act cannot be treated as an assessment order. There are plethora of judicial precedents propounding the aforesaid legal position. Suffice to say, in case of ACIT vs. Rajesh Jhaveri Stock Broker (P) Ltd. [2007 (5) TMI 197 - SUPREME COURT] has laid down the aforesaid ratio. Thus, the contention of learned Authorized Representative, that the revised return of income filed after completion of assessment u/s 143(1) is to be treated as non est, is unacceptable. Revised return of income was filed within the time prescribed u/s 139(5) of the Act, in our view, it is a valid return. Proviso to section 143(2) makes it clear that no notice under Section 143(2) of the Act shall be served on the assessee after expiry of six months from the end of the financial year in which the return is furnished. To my understanding, section 139 used in section 143(2) of the Act is wide enough to include a revised return filed u/s139(5) of the Act. Therefore, the Assessing Officer has time to issue notice before expiry of six months from the end of the financial year wherein the revised return of income was filed. Admittedly, the revised return of income was filed on 10.11.2014. Whereas, the notice under Section 143(2) of the Act was issued on 28.08.2015 i.e. before expiry of six months from the end of the financial year (F.Y. 2014-15) wherein the revised return of income was filed. The notice issued u/s 143(2) of the Act is within the period of limitation - Thus, ground no.1 and additional ground are dismissed.
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