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2018 (6) TMI 280 - AT - Income TaxValidity of reopening of assessment - notice u/s 147 issued beyond stipulated time limit - maximum time limit for issuance of notice - Held that:- Merely signing the notices cannot be equated with the issuance of notice as contemplated u/s 149 - the date of issue would be the date on which the same were handed over to the Post Office for the purpose of booking, for the purpose of effecting service on the assessee - The process of issue of notice will be completed only when the envelope containing the notice is handed over to the Postal Authorities in Kolkata which is only on 05.04.2015 and therefore, the notice u/s 148 of the Act even though dated 31.03.2015 has to be taken as issued only on 05.04.2015, which action of Assessing Officer is clearly barred by limitation and as such cannot be sustained. - Decided in favor of assessee.
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