This is premium content. Please become a Premium member. If you are already a member, login here to access the full content.
Notice u/s 143 (2) received after limitation period could not be held against assessee
Case Law Details
- Case Name
- Mohan Lakhani Vs ITO (Delhi High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Delhi High Court
Upgrade to Basic or Premium to download.
Already Upgraded? Log in.
Issue before Court:
Whether in absence of proper service of notice u/s 143 (2) assessment proceedings for relevant Assessment year can be validated.
Brief facts:
Assessee filed its return for AY 2006-07 which was selected under scrutiny. Notice u/s 143 (2) was issued on 28.06.2007 which was served on CA of the assessee after 31.07.2007 i.e. after the expiry of 12 months from the end of relevant month in which return is filed. After receipt of notice assessee participated in assessment proceedings.
The Assessing Officer nevertheless proceeded to frame and finalize the assessment.
The assesse...
