9911796707
TMI Blog2014 (2) TMI 748X X X X Extracts X X X X X X X X Extracts X X X X ..... for offshore supply of Equipments & materials under purchase order No.429A345 dated 4.11.2009 (offshore supply contract) called the Ukai Project. The title to the plant and equipment supply under offshore supply contract shall be transferred in favour of BHEL outside India. In consideration for the scope of work under the offshore supply contract, LSCSL would receive INR 2,449,810.72 and INR 126,478.80. It was agreed between the LSCSL and BHEL that the aforesaid amounts would be paid by BHEL outside India through irrevocable Letter of Credit (L/C). 2. Presenting the above facts the applicant seeks ruling on the following questions:- 1. On the facts and circumstances of the case, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 43(2) is only procedural and the Assessing Officer can serve the notice on the assessee upto expiry of six months from the end of the financial year in which return is furnished. The notice was issued within the limited time permitted under the Act though it was issued after filling of the application before the authority. The question was, therefore, pending before the Assessing Officer till the time available to him under the proviso to section 143(2) of the Income-tax Act. It is, therefore, argued that the application may be dismissed as non-maintainable. 4. The applicant on the other hand submitted that mere filing of return does not mean that the question is already pending before the Income-tax authority. Relying on the ruling of thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elief made in the return is inadmissible or if he considers it necessary or expedient to ensure that the assessee has not under-stated the income or has not computed excessive loss or has not under-paid the tax in any manner, he can serve notice under section 143(2). Before or without issuing notice under section 143(2) or notice under section 142(1) in cases whether return is not filed, there is no jurisdiction to examine or adjudicate debatable issue claimed or shown in the return of income. 7. The decision in the cases of SEPCO III Electric Power Construction Corporation (supra) and NetApp BV (supra) are based on the premise that by filing a return, an assessee invites adjudication of the question arising out of the returns. It will be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 245R(2) of the Act. We are of the view that only when the issues are shown in the return and notice under section 143(2) is issued, the question raised in the application will be considered as pending for adjudication before the Income-tax Authorities. The Revenue's contention that notice u/s 143(2) was issued within the stipulated time will not affect our stated position because without issuance of the notice, the Assessing Officer does not have jurisdiction to examine and adjudicate the issues raised in the question. Pending proceeding in general and question already pending for adjudication are not the same. For example, when a return of income is filed, it can be said that proceeding is pending till it is processed or deemed to have bee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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