2008 (5) TMI 609

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..... following legal issue by way of additional ground : " The learned Commissioner of Income-tax (Appeals) has erred in law and in fact in not appreciating that the notices issued by the Assessing Officer are invalid and hence the assessment order under section 143(3)(ii) of the Act was bad in law and invalid." Learned counsel for the assessee stated that this was a legal issue and all the facts .....

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..... e provisions of section 143(3)(ii) and, accordingly, the Assessing Officer issued notice under section 143(2)(ii) on July 28, 2003, and passed order under section 143(3)(ii) on October 31, 2003. The assessee has challenged the validity of the notice under section 143(2)(ii) as time barred because, according to the assessee, notice under section 143(2)(ii) could be served only up to September 30, 2 .....

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..... Tribunal in the case of Nayek Paper Converters v. Asst. CIT [2005] 93 ITD 144 (Kolkata) wherein the Tribunal had held that there were powers to issue notice under section 143(2)(ii) where a notice under section 143(2)(i) had already been issued, however, notice under section 143(2)(ii) was to be issued within the time provided therefor. Hence, according to the assessee, this issue was covered by .....

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..... ot. We find that the Legislature introduced limited scrutiny for a limited period and provided for requirement of issue of notice therefore independently wherein the Assessing Officer was required to specify the specific nature of enquiry whereas the provisions of regular scrutiny and time limit to issue notice for that purpose were already on statute. We further find that the provisions of sectio .....

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..... hat the notice issued under section 143(2)(ii) on July 28, 2003, is time barred and consequently, the assessment completed under section 143(3)(ii) is also null and void. Accordingly, we quash the same. Thus, the additional ground, filed by the assessee, is accepted. Since, we have quashed the assessment as time barred, hence, there is no necessity to adjudicate upon the merits of the issue. I .....

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