TMI Blog2014 (8) TMI 121X X X X Extracts X X X X X X X X Extracts X X X X ..... the notice of demand on or before 31.12.2008 to the assessee - the appellate authority has found that the acknowledgement slip pasted at the back of the notice bore the date of receipt as 12.1.2009 - the FAA as well as the second appellate authority came to the conclusion that the assessment order was passed after the period of limitation - The question as to whether the assessment order was passe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ked up for scrutiny and, it is alleged, that an assessment order dated 26.12.2008 under Section 143(3) of the Income Tax Act (hereinafter referred to as the Act ) was passed and the income was enhanced to ₹ 36,12,240/-. The assessee, being aggrieved, filed an appeal, which was allowed on the ground that the assessment order was barred by time, inasmuch as, the assessment order was not compl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rities indicates that the intimation of demand was served upon the assessee on 12.1.2009. Section 143 of the Act contemplates that when a return has been made under Section 139 or in response to a notice sub-Section (1) of Section 142 of the Act, such return would be processed and the total income would be determined and the tax and interest, if any, shall be computed. Further, an intimation shall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as despatched along with the notice of demand on or before 31.12.2008 to the assessee. On the other hand, the appellate authority has found that the acknowledgement slip pasted at the back of the notice bore the date of receipt as 12.1.2009. On this evidence the first appellate authority as well as the second appellate authority came to the conclusion that the assessment order was passed after the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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