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2014 (11) TMI 348 - AT - Income TaxApplication of provisions of section 292BB – Notice issued to be deemed valid or not - Held that:- The notice u/s. 144 r.w.s. 158BC of the Act was issued in this case on 29.4.2008 and notice u/s. 143(2) was issued on 2.2.2005 - Since the provisions of section 292BB curtails the right of the assessee in Kuber Tobacco Products Pvt. Ltd. vs. DCIT [2009 (1) TMI 304 - ITAT DELHI] it has been held that section 292BB would operate prospectively - Therefore, section 292BB will not apply to the notice issued on 29.4.2003 u/s. 144 r.w.s. 158BC of the Act - following the decision in CIT vs. Mr. Salman Khan [ 2009 (12) TMI 909 - BOMBAY HIGH COURT] – it relates to the operation of 292BB & 292B which was amended w.e.f. 1st April, 2008 and was came into operation prospectively for the A.Y. 1999-2000 - the order of the CIT(A) is not sustainable as the provisions of s. 292BB cannot be invoked for the relevant period - As the notice u/s. 143(2) was served beyond the time limit prescribed by the Act, the subsequent scrutiny proceedings are null and void – Decided in favour of assessee.
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