9911796707
TMI Blog1977 (1) TMI 53X X X X Extracts X X X X X X X X Extracts X X X X ..... inst the assessment order on 9th June, 76. The observations of the first appellate Court leading to the dismissal of the appeal are as follows: "On scrutiny, it was found out that the appeal was out of time by 340 days. In response to the show cause notice, the learned Advocate for the appellant dealer applied for time on 29th January 76 and it was adjourned to 16th Feb., 76. It was contented t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eb., 74 and they have been served by affixture on 16th March, 74.Therefore, I am unable to agree with the contention of the Advocate that service of assessment order and demand note on the appellant dealer by affixture has not been done by adopting the procedure of law and as such infructuous. I find from the copy of the certificate of the death of the father of the appellant that his father was a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der that the appellant has come up in second appeal. The learned counsel appearing for the appellant contended that the service report of the process-server will go to show that it was served on 16th March, 74 by affixture when the appellant was admittedly absent from Betnati. No specific order was taken from the assessing authority to effect service by affixture. In view of that, there is no prop ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ence. 4. In view of the argument, the only point for consideration is from which date, the order of limitation will run. Admittedly, the assessment order is said to have been served on the assessee on 16th March, 74. The service report reads as follows:- "I went to Betnati with letter No.1434 dt. 21st Feb., 74 and searched for Satyanarayana Trading Co. and I learnt that he is not at Betnati an ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
