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2005 (8) TMI 84 - HC - Income TaxAssessment - "(1) Whether Tribunal was right in law and on facts in holding that the assessment void ab initio holding that when an assessment is framed under section 143(3) by issuing statutory notice beyond the prescribed time limit, the said assessment is bad in law and has to be quashed, ignoring the fact that the assessee has not challenged the jurisdiction of the Assessing Officer during the course of assessment proceedings on the ground that notice under section 143(2) was served beyond the time limit prescribed under the Act?" - revenue submitted that the assessee having participated in the proceedings before the Assessing Officer there was acquiescence and waiver on the part of the assessee which would result in the assessment being valid in law and the Commissioner of Income-tax (Appeals) and the Tribunal were wrong in reading the provisions as being mandatory so as to treat the assessment void ab initio. - revnue appeal dismissed
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