Exclusion of time stipulated in clause (v) of Explanation 1 to section 158BC would not be applicable in respect of service of notice under section 143(2)

ORDER

BADAR DURREZ AHMED, J

1. This is an appeal under Section 260A of the Income-tax Act, 1961 (hereinafter referred to as ?the said Act¡®) and it arises out of the order dated 0.01.2009 passed by the Income-tax Appellate Tribunal in ITA 385/Del/05 in respect of the block period 01.04.1990 to 18.01.2001. The following substantial questions of law arise for consideration in this appeal:-

¨D1. Whether, in the facts and circumstances of the case, the notice under Section 143(2) of the Income Tax Act, 1961 was issued beyond the prescribed period of limitation and as a consequence thereof the block assessment order under 158 BC(c) of the said Act was bad in law ?

2. Whether, if the notice under Section 143(2) of the Income Tax Act, 1961 is held to have been issued within time, the block assessment order dated 30.07.2004 was barred by limitation?

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