9911796707
TMI Blog2012 (4) TMI 379X X X X Extracts X X X X X X X X Extracts X X X X ..... ent year – twelve moths' period from the end of the month in which the return was filed, expires in 31st July, 2008, so a notice was supposed to be served maximum on/or before 1st August, 2008, but it was given on 26.09.2008 - in favour of assessee. - Misc. Bench No. 3505 of 2009 - - - Dated:- 3-4-2012 - Devi Prasad Singh, Satish Chandra, JJ. Shalabh Singh for the Appellant Sanjeev Shankhdhar for the Respondent JUDGEMENT Satish Chandra, J By this writ petition, the petitioner has assailed the impugned order dated 24.03.2009 (Annexure-5) under Section 144A of the Income-Tax Act, 1961, also impugned notice dated 26.09.2008 (Annexure-2) under Section 143(2)/115WD, passed by the opposite parties for the assessm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 143(2) of the Act, which on reproduction, reads as under: "Provided that no notice under clause (ii) shall be served on the assessee after the expiry of six months from the end of the financial year in which the return is furnished." The return is furnished in the month of July, 2007, therefore, the impugned notice under Section 143(2) has necessarily to be served not later on expiry of twelve months from the end of the month in which the return was filed, meaning thereby, a notice was to be served on or before 01.08.2008, but in the instant case, the notice was issued beyond twelve months i.e. on 26.09.2008. To support his arguments, he relied on the ratio laid down in the case of Premier Cable Co. Ltd. vs. Commissioner of Inco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 143(2) was issued on 26.09.2008 and the same was served on 29.09.2008 upon the assessee which is well in time. So, the direction issued under Section 144A of the Act is valid one. Learned counsel for the Department has drawn the attention to the explanatory notes to the provisions of the Finance Act, 2008 (Circular No. 1/2009) where it was mentioned that the amendment has been made applicable with effect from 1st April, 2008. This means that the amended provision shall apply in all proceedings which are pending on 1st April, 2008 as applicable in the case of Section 292BB. On the similar analogy, he further submits that the proceedings of the assessee were pending and the amended proviso is applicable in the assessee's case. Lastly, he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gh the subject of the charge is the income of the previous year, the law to be applied is that in force in the assessment year, unless otherwise stated or implied; and any amendment which is in force at the beginning of the relevant assessment year must govern the case though the amendment is made after the income under assessment is earned. In other words, the Income-tax Act is it stands amended on the 1st April of a financial year must apply to the assessment for that year." That is also the view taken by the Gujarat High Court in Maneklal Vallabhdas Parikh's case [1969] 72 ITR 637. In the instant case, twelve moths' period from the end of the month in which the return was filed, expires in 31st July, 2008, so a notice was suppose ..... X X X X Extracts X X X X X X X X Extracts X X X X
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