9911796707
TMI Blog2023 (3) TMI 1561X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessee has raised following grounds of appeal: 1. The Ld.AO grossly erred in law and facts in passing assessment order u/s. 143(3) without issuing the notice u/s. 143(2) within the statutory time limit as contemplated under the law. 2. The appellant craves liberty to add/alter any ground of appeal, if required. 3. The assessee in the ground of appeal has challenged the validity of the assessment framed under section 143(3) of the Act on the reasoning that the notice under section 143(2) of the Act being jurisdictional requirement was served beyond the stipulated time provided therein. 4. The facts in brief are that the assessee in the present case is an individual and engaged in the business of trading in shares, securities and der ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 18 was Monday ( a working day) on which the notice u/s 143(2) was duly served upon the appellant which has not been denied by the appellant. It is the settled proposition of law that when a due date falls on a date which happens to be a holiday, the due compliance made on the immediately following working day will be sufficient compliance with the due date. This may be discerned from the provisions of section 10 of the General- Clauses Act, which reads as under:- "10. Computation of time.-(1) Where, by any Central Act or regulation made after the commencement of this Act, any act or proceedings is jj directed or allowed to be done or taken in any court or office on a-I certain day or within a prescribed period, then, if the court or offi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... igitally signed by the AO on 30 September 2018 and therefore the notice under section 143(2) should have been issued through the email on the same date. But the notice has been served on the next day and therefore the jurisdiction acquired by the AO for carrying out the assessment under section 143(3) of the Act is invalid and consequently the assessment framed on such notice cannot be held as maintainable. Thus the same should be quashed. 8. On the other hand the learned DR submitted that the last working day 30 September 2018 was the holiday and therefore there was no possibility of issuing/serving the notice on holiday to the assessee. Accordingly the learned DR, the relevant clause of the General Clause Act provides that where, by any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay of the prescribed period, the act or proceeding shall be considered as done or taken in due time if it is done or taken on the next day afterwards on which the Court or office is open: Provided that nothing in this section shall apply to any act or proceeding to which the Indian Limitation Act, 1877 (15 of 1877) , applies. 9.1 From the above provisions, there remains no ambiguity to the fact that if last working day happens to be a holiday then the authorities concerned have been given power to make the necessary compliance on the next working day. Thus apparently, it appears that the AO has made sufficient compliance by issuing the notice on the next working day being 1 October 2018 despite the fact that the office of the income tax w ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
