9911796707
TMI Blog2021 (2) TMI 647X X X X Extracts X X X X X X X X Extracts X X X X ..... DV.,) RESPONDENT (BY SRI. E.I. SANMATHI, ADV.) JUDGMENT ALOK ARADHE J., This appeal under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as the Act for short) has been preferred by the assessee. The subject matter of the appeal pertains to the Assessment year 2007-08. The appeal was admitted by a bench of this Court vide order dated 22.11.2017 on the following substan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ought to have held that as no notice under section 143(2) of the act has been issued in time, consequently the order of assessment is bad in law and without jurisdiction and liable to be cancelled on the facts of the case. 2. Facts leading to filing of this appeal briefly stated are that an assessee is an individual (HUF) and had filed his original return of income for the Assessment Year 2007- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The revenue thereupon filed an appeal before the Income Tax Appellate Tribunal (hereinafter referred to as 'the Tribunal' for short). The assessee filed cross-objection against the findings contained in the order passed by the Commissioner of Income Tax (Appeals). The Tribunal, by common order dated 27.05.2016, dismissed the appeal preferred by the revenue as well as the cross-objection f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Income Tax (Appeals) or by the Tribunal that the issue whether the notice under Section 143(2) of the Act issued to the assessee was barred by limitation was adjudicated. 5. In view of the aforesaid submission and taking into account the fact that the issue with regard to the fact whether the notice under Section 143(2) of the Act to the assessee was barred by limitation and the same ought to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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