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TMI Blog2013 (11) TMI 1046X X X X Extracts X X X X X X X X Extracts X X X X ..... case the reassessment order passed u/s 143(3)/ 147 on 27.3.2002 within two years of the serice of notice dated 10.3.2000 could be annulled? (ii) Whether on the facts and in the circumstances of the case the Tribunal is justified in confirming the order of the CIT(A) in annulling the reassessment ordr passed u/s 143(3)/147 of the act odn the ground that no notice u/s 143(2) was ever issued or served on the assessee? (iii) Whether on the facts and in the circumstances f the case the Tribunal is justified in upholding the order of the CIT (A) in annulling the reassessment orders passed by the Assessing Officer in respect of A/Y's- 1989-90 to 1991-92 ignoring the law laid down by the Hon'ble Supreme Court in the case of Ranga Lal Jadogia vs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had partly allowed the appeal and reduced the taxable income. Feeling aggrieved the assessee as also the Revenue preferred separate appeals before the Tribunal. The Tribunal by the impugned order has allowed the asseessee's appeal whereas dismissed the appeal filed by the Revenue. The Tribunal has held that as the notice under section 143(2) of the Act has not been served within a period of 12 months from the end of the month in which the return was furnished the assessing officer has no jurisdiction to proceed with the assessment proceedings. Consequently, the assessment framed on 27th March, 2002 was declared illegal and bad in law for want of jurisdiction, meaning thereby that the same is liable to be quashed. We have heard Sri Govind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... where a return has been furnished during the period commencing on the 1st day of October, 1991 and ending on the 30th day of September, 2005, in response to a notice served under this section, and (b) subsequently a notice has been served under clause (ii) of sub-section (2) of section 143 after the expiry of twelve months specified in the proviso to clause (ii) of sub-section (2) of section 143, but before the expiry of the time limit for making the assessment, reassessment or recomputation as specified in sub-section (2) of section 153, every such notice referred to in this clause shall be deemed to be a valid notice" Admittedly in the present case the return was furnished on 1st May, 2000. The notice under section 143(2) of the act was ..... X X X X Extracts X X X X X X X X Extracts X X X X
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