2007 (9) TMI 239 - HC - Income Tax

Notice u/s 143(2) sent through registered post in compliance with second notice assessee attended assessment proceedings - assessee filed an affidavit denying service of earlier notice only before the Tribunal for the first time - assessee has not been able to rebut the presumption that notice has been served assessment framed u/s 143(3) on basis of earlier notice cannot be held without jurisdiction as notice u/s 143(2) was served on the assessee within the prescribed time

Summary

Issues:
1. Jurisdictional validity of assessment under Section 143 (3) of the Income Tax Act, 1961 based on service of notice under Section 143 (2).

Analysis:
The High Court addressed the issue of whether the Income Tax Appellate Tribunal was correct in holding that an assessment framed by the Assessing Officer under Section 143 (3) was without jurisdiction due to the absence of a notice served under Section 143 (2) within the prescribed time. The Tribunal concluded that the notice dated 9th October, 1998, under Section 143 (2) was not served on the assessee, shifting the burden to the Revenue to prove otherwise. The Revenue claimed that the notice was sent via registered post and relied on the presumption of service under Section 27 of the General Clauses Act, supported by the subsequent successful service of another notice to the same address. The assessee denied receiving the notice and argued that the affidavit filed effectively rebutted the presumption of service. The High Court examined the evidence and found that the assessee failed to rebut the presumption, especially since the assessee appeared before the Assessing Officer without contesting the lack of earlier notice. The Court criticized the Tribunal for relying on the belatedly filed affidavit and distinguished previous cases cited by the assessee where the factual circumstances were different. Consequently, the High Court ruled against the assessee, in favor of the Revenue, setting aside the Tribunal's order and remitting the matter back for a decision on merits.

This detailed analysis of the judgment highlights the key legal arguments, burden of proof, evidentiary considerations, and the Court's reasoning in determining the jurisdictional validity of the assessment based on the service of statutory notices under the Income Tax Act.