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TMI Blog2015 (1) TMI 1431X X X X Extracts X X X X X X X X Extracts X X X X ..... t proceedings, the appellant vide letter dated 28.11.2008 brought to the notice of the Assessing Officer that the notice u/s 143(2) dated 5.10.2007 was not served o the appellant and therefore, the proceedings u/s 143(2) were bad in law. In view of the appellant s raising such objections during assessment proceedings, the provisions of section 292BB were not applicable and section 292BB could not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd in the circumstances of the case and in law, the Ld CIT (A) erred in holding that the assessment framed u/s 143(3) as invalid without appreciating that the notice u/s 143(2) dated 5.10.2007 for the assessment year 2006-07 had been issued and served before the3 expiry of 12 months from the end of the month in which the return of income for the said assessment year had been filed by the assessee. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the assessee company that the change of address has been communicated to the Income Tax Office and hence all correspondence pertaining to the assessee company should be served at the said address of the company. 2. In this appeal, Revenue raised the objection against the conclusions drawn by the CIT (A) in connection with the issue of notice u/s 143(2) of the Act within the specified ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 . Now the limited issue to be decided by us relates to whether the Assessing Officer rightly assumed jurisdiction when he issued statutory noticed to the address as given in the PAN records (BKC Address) and not the address as per the return of income i.e., Prabhadevi address. After narrating the relevant facts, CIT (A) granted relief holding that the impugned statutory notices issued without ju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e above, it is held that the Assessing Officer completed assessment u/s 143(3) of the Act without assuming valid jurisdiction u/s 143(2) of the Act. In the facts and circumstances, the assessment framed u/s 143(3) of the Act was invalid. This ground of appeal is allowed. 4. Considering the above facts as well as the decision of the CIT (A), we find the same are reasonable and we find no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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