We are of the considered opinion that the Finance Act, 2000 has made the complete procedure in its section 117. Section 117 of the Finance Act, 2000 reads as under: 117. Validation of certain action taken under Service Tax Rules. – Notwithstanding anything contained in any judgment, decree or order of any court, Tribunal or other authority, sub-clauses (xii) and (xvii) of clause (d) of sub-rule (1) of rule 2 of the Service Tax Rules, 1994 as they stood immediately before the commencement of the Service Tax (Amendment) Rules, 1998 shall be deemed to be valid and to have always been valid as if the said sub-clauses had been in force at all material times and accordingly,-
After going through the assessment order, annexure-1, we are of the considered opinion that the assessee may have submitted his returns showing his total income as ‘NIL’ and has shown book profit of Rs. 2,05,86,930/- under Section 115JB but A.O. has not proceeded to consider the case of the petitioner under Section 115JB and clearly mentioned in first para of the order itself that “the case was duly processed u/s 143(1)(a) and thereafter on selection of the case of scrutiny, statutory notices u/s 143(2) & 142(1) were issued.” Such notices were duly responded by the assessee’s representative and the case was contested and proceeded under Section 143(1)(a) and assessment was made under Section 143(3) of the Act of 1961.
The Speed Post is a new mode of sending post, and therefore, this new postal mode if is not mentioned in Statute specifically, even then because of above reason that service by Speed Post is included in generic word Post or Registered Post.
Chitranjan Jaiswal v CIT and Anr. – The order dated 9th February, 1996 clearly reveals that after initiation of the proceeding under section 147/148 of the Act of 1961, the Assessing Authority at its own has not dropped the proceeding upon satisfaction of his own without the help of the return. Admittedly, there was no regular assessment for the assessee of the year 1992-93 and petitioner was directed as well as required to submit the return in response to the notice under section 147/148 read with section 142 of the Act of 1961 and he duly submitted that return.
