9911796707
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Issues:
1. Validity of notice under section 143 (2) of the IT Act 2. Burden of proof regarding service of notice under section 143 (2) 3. Jurisdiction to condone delay in filing application under section 146 4. Applicability of Section 5 of the Limitation Act 5. Proper addressing of demand notice and assessment orders 6. Presumption of valid service and necessity for proper addressing Analysis: 1. The judgment involves applications related to assessment years 1977-78 and 1978-79 under section 356 (2) of the IT Act, seeking direction for the Tribunal to refer questions regarding the validity of notice under section 143 (2) of the IT Act. The Tribunal's view on the service of notice sent under registered cover was challenged, questioning the adequacy of service without proper addressing to the principal officer or an authorized agent. 2. The issue of burden of proof regarding the service of notice under section 143 (2) was raised, with the Tribunal placing the onus on the applicant to prove the invalidity of service. The Tribunal's decision to uphold the validity of service based on the notice being sent under registered post was contested, highlighting the lack of evidence supporting the finding. 3. The jurisdiction to condone the delay in filing an application under section 146 was disputed. The ITO rejected applications as time-barred, leading to conflicting decisions by the IT CIT (A) and the Tribunal on the ITO's inherent power to condone the delay. The Tribunal's stance on the matter was crucial in determining the outcome. 4. The applicability of Section 5 of the Limitation Act was examined concerning the ITO's role in the context of being considered a "Court" for the purpose of condoning delays. A Supreme Court decision was cited to support the view that Section 5 of the Limitation Act does not extend to applications made to authorities like the ITO. 5. The proper addressing of demand notices and assessment orders under section 282 of the IT Act was a key issue. The requirement to address such documents to the principal officer of a company, as per the provisions of the Companies Act, was emphasized. Discrepancies in addressing the notices were highlighted, challenging the presumption of valid service made by the Tribunal. 6. The judgment delved into the necessity for proper addressing of documents for valid service and the presumption of valid service. The Tribunal's presumption was questioned based on the lack of evidence supporting the correct addressing of notices. Ultimately, the Court found in favor of the assessee on the issue of proper addressing, emphasizing the importance of addressing documents to the appropriate party as required by law. This comprehensive analysis of the judgment highlights the intricate legal issues surrounding the validity of notices, burden of proof, jurisdictional matters, and the importance of proper addressing in legal proceedings.
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