2009 (4) TMI 306

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..... ("Act" for short) by the assessee challenges the consolidated order dated June 30, 2008, of the learned Income-tax Appellate Tribunal in the cross appeal filed by the appellant and the Revenue in IT(SS) No.10/De112007 and IT(SS) No.17/DeI/2007. Vide this order, the learned Appellate Tribunal has held that the assessment completed was within the period of limitation and in the light of the judgment .....

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..... hon'ble apex court in that case upheld the judgment in Rajesh Kumar [2006] 287 ITR 91 but held that although the orders in question were vitiated by failure to observe the principle of audi alteram partem, its ruling on the question of law would apply prospectively and that it would not be open for the appellant to raise the question of limitation before the appellate authority. The relevant exce .....

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..... ants to urge before the appellate authority that the extended period of limitation under Explanation 1(iii) to section 153(3) of the Act was not available to the Assessing Officer because of an invalid order under section 142(2A) of the Act." 4. However, it will be open to the appellants to question before the appellate authority, if so advised, the correctness of the material gathered on the bas .....

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