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2013 (12) TMI 745 - HC - Income TaxService of notice u/s 143(2) for the purpose of reassessment u/s 147 - The stand taken by the revenue is that the notice issued under Section 142(1) dated 14th August, 2008 should be treated as omnibus or a general notice. It is accordingly submitted that this notice under Section 142(1) dated 14th August, 2008, should be regarded as a notice issued under Section 143(2) of the Act. – Bar of limitation - Held that:- The notice under Section 142 (1) dated 14th August, 2008 was issued and served beyond the period of one year from the date of filing of return i.e. 15th June, 2007 - It was barred by limitation. The contention of the appellant that notice under Section 142 (1) can be regarded as a notice issued under Section 143(2) of the Act cannot be accepted - Following Commissioner of Income Tax versus Lunar Diamonds Ltd. [2005 (3) TMI 33 - DELHI High Court] - service of notice under Section 143(2) of the Act is mandatory - for proceedings under Section 147 of the Act, notice under Section 143(2) is required and is mandated except in cases covered by the first and second proviso to Section 148 of the Act – the facts of the case are not covered by the exceptions carved out in the two provisos as the return filed on or after 1st October, 2005 - Section 292BB does not help the Revenue, as the respondent-assessee had objected to the reassessment proceedings on the ground of non-issue and service of notice under Section 143(2) before the Assessing Officer – Decided against the revenue.
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