Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2017 (10) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (10) TMI 46 - ITAT JAIPURValid notice u/s 143 - mode of serving notice - whether posting of the notice issued under section 143(2) a day before the expiry of the prescribed limitation would be a valid service when admittedly the notice is received by the assessee after expiry of the limitation so prescribed in this behalf? - assessment barred by limitation - Held that:- The assessing authority is bound by Circular of the Central Board of Direct Taxes. The Central Board of Direct Taxes Circular No. 549 dated October 31, 1989 states in clear terms that the Assessing Officer is required to serve the notice on the assessee within the prescribed period, if a case is picked up for scrutiny. It follows that if an assessee, after furnishing the return of income does not receive a notice under section 143(2) from the Department within the aforesaid period, he can take it that the return filed by him has become final and no scrutiny proceedings are to be started in respect of that return. Therefore, the assessee succeeds on this ground. The assessment framed by the Assessing Officer is barred by time as the requisite notice under section 143(2) was not served on the assessee within the time as prescribed by law. Respectfully following the judgment of the hon'ble Delhi High Court rendered in the case of CIT v. Bhan Textiles (2006 (9) TMI 129 - DELHI High Court ), the draft assessment order dated March 28, 2013 cannot be sustained, the same is hereby quashed being barred by time. - Decided in favour of assessee.
|