TMI Blog2016 (2) TMI 1168X X X X Extracts X X X X X X X X Extracts X X X X ..... means that the same have clearly been issued beyond the prescribed period of limitation - Decided in favour of assessee. - I.T.A Nos.593 & 594/Kol/2013 - - - Dated:- 17-2-2016 - Shri Mahavir Singh, JM For the Appellant: Shri S. M. Surana, Advocate For the Respondent: Shri David Z. Chowngthu, Addl. CIT ORDER Both these appeals by assessee are arising out of common order of CIT(A)-XIV, Kolkata vide Appeal Nos. 377 378/CIT(A)-XIV/Kol/08-09 dated 23.11.2012. Assessment was framed by DCIT, Circle-28, Kolkata u/s. 143(3)/148/251 of the Income Tax Act, 1961 (hereinafter referred to as the Act ) for Assessment Years 1998-99 and 1999-2000 vide his separate orders dated 12.12.2008. 2. At the outset, it is noticed that b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ocessed u/s. 143(1) of the Act on 10.01.2012 and 12.12.2001. Subsequently, notices u/s. 148 of the Act in both the assessment years were issued on 30.03.2005 and 30.03.2006 respectively and served on assessee on 16.05.2005 and 05.06.2006 for the AY 1998-99 and 1999-2000 respectively. The Ld. Counsel for the assessee stated that these notices were issued after 31.03.2005 and 31.03.2006 and for this, assessee has verified the records. To these facts Ld. Sr. DR agreed that yes records show that notice for AY 1998-99 was issued after 31.03.2005 but notices are dated 30.03.2005. For AY 1999-2000 notice was dated 31.03.2006 but issued after 31.03.2006. On this Ld. Counsel for the assessee argued that notices issued after 31.03.2005 for AY 1998-99 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contemplated under section 149.The date of issue would be the date on which the same were handed over for service to the proper officer, which in the facts of the present case would be the date on which the said notices were actually handed over to the post office for the purpose of booking for the purpose of effecting service on the petitioners. Till the point of time the envelopes are properly stamped with adequate value of postal stamps, it cannot be stated that the process of issue is complete. In the facts of the present case, the impugned notices having been sent for booking to the speed post centre only on 7-4-2010, the date of issue of the said notices would be 7- 4-2010 and not 31-3-2010, as contended on behalf of the revenue. In t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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