2010 (1) TMI 1178

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..... P.C. : 1. The following questions of law have been framed in the appeal filed by the revenue against the judgment of the Income Tax Appellate Tribunal dated 16th September 2008. i) Whether on the facts and circumstances of the case and in law, the ITAT was correct in holding the assessment u/s.143(3) of the Income Tax Act, 1961 completed on 3132003 to be invalid, illegal, null and void and bad .....

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..... uthorities ? 2. The assessee filed a return of income on 20th October 2000 for assessment year 20002001. At the relevant time, the proviso to subsection (2) of Section 143 of the Income Tax Act, 1961 stipulated that a notice as prescribed shall be served on the assessee before the expiry of twelve months from the end of the month, in which the return of income is furnished. Admittedly in the pr .....

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..... under any provision of the Act, which is required to be served upon him has been duly served. In such a case the assessee is precluded from taking an objection that the notice was not served upon him in time. The provisions of Section 292BB were inserted by Finance Act of 2008, with effect from 1st April 2008. In the circumstances, the provisions of Section 292BB will have no application to the as .....

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