9911796707
TMI Blog2007 (2) TMI 623X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessment year 1999-2000. The applicant was engaged in the business of manufacture and sales of cement. The assessing authority passed the original assessment order under section 7 read with rule 41 on February 28, 2001. It appears that thereafter proceeding under section 21 of the Act was initiated after the expiry of two years. After giving opportunity of hearing to the applicant, the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submitted that the initiation of proceeding under section 21 of the Act was barred by limitation inasmuch as the notice was issued on July 21, 2002, while the permission under the proviso to section 21(2) of the Act was given by the Additional Commissioner on August 23, 2002. It was also submitted that at the time of issue of notice, there was no material to form a belief about the escaped assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 002. He submitted that in the notice no date of its issue is mentioned, thus it is not clear when the notice under section 21 of the Act was issued. Having heard the learned counsel for the parties, I have perused the order of the Tribunal and the authorities below. In my view, the issues raised by the learned counsel for the applicant referred hereinabove are jurisdictional issues and go ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the approval from the Additional Commissioner and if it is so, what is its effect; (2) whether at the time of issue of notice, there was material which led to form a belief that there was escaped assessment; and (3) whether in view of the circulars, reason should be recorded and in case, the reason has not been recorded whether it invalidates the proceeding under section 21 of the Act. In the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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