TMI Blog2014 (9) TMI 1241X X X X Extracts X X X X X X X X Extracts X X X X ..... rom the date of filing of return of income and in the present case the return was filed on 06.10.2005 and notice u/s 143(2) of the Act can be issued by the Revenue upto 31.10.2006. We find that the issue is fully covered by the decision of CIT vs Qatalys Software Technologies Ltd [ 2008 (7) TMI 240 - MADRAS HIGH COURT] as held no action could be initiated under section 147 of the Act, when there is a pendency of the return before the Assessing Officer. The reasons given by the Tribunal are based on valid materials and evidence and we do not find any error or illegality in the order of the Tribunal so as to warrant interference - Decided in favour of assessee. - ITA No.166/Kol/2013 - - - Dated:- 5-9-2014 - Shri Mahavir Singh, J. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ime left for issuance of notice u/s 143(2) of the Act i.e. 12 months from the date of filing of return of income and in the present case the return was filed on 06.10.2005 and notice u/s 143(2) of the Act can be issued by the Revenue upto 31.10.2006. In view of the above facts I find that the issue is fully covered by the decision of the Hon ble Madras High Court in the case of CIT vs Qatalys Software Technologies Ltd (supra) wherein it is held as under :- The assessee is engaged in the business of software export. For the assessment year under consideration, the assessee-company has filed its return of income on November 13, 2003, admitting a total income of ₹ 2,34,810 after claiming deduction under section 10A in a sum of ₹ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e decision of this court in the case of CIT Vs. K.M. Pachayappan [2008] 304 ITR 264 (Mad) in T.C.A. No. 870 of 2007, dated July 4, 2007, wherein this court has held that no reassessment proceeding could be initiated so long as the assessment proceedings pending on the basis of the return already filed are not terminated. The Revenue, aggrieved over that portion of the order, filed the present appeal by formulating the following questions of law: 1. Whether, in the facts and circumstances of the case, the Tribunal was right in holding that reassessment proceedings are not valid since the Assessing Officer is barred in initiating the proceedings under section 148 when the time for issuance of notice under section 143(2) had not expired? ..... X X X X Extracts X X X X X X X X Extracts X X X X
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