Case Law Details
Ardent Steel Limited Vs ACIT (Chhattisgarh High Court)
1. Issue here is whether notice under Section 148(1) of the IT Act was served to the petitioner, as service of notice is the condition precedent for reopening assessment under Section 148(1).
2. It is the case of the Revenue that the petitioner has participated in the assessment proceedings after service of notice through Chartered Accountant and filed return and also raised objections and objections were decided on 18-7-2016, therefore, the petitioner is deemed to have waived the service of notice under Section 149(1) of the IT Act relying upon Section 292BB of the IT Act which provides as under: –
“Notice deemed to be valid in certain circumstances.
292BB. Where an assessee has appeared in any proceeding or co-operated in any inquiry relating to an assessment or reassessment, it shall be deemed that any notice under any provision of this Act, which is required to be served upon him, has been duly served upon him in time in accordance with the provisions of this Act and such assessee shall be precluded from taking any objection in any proceeding or inquiry under this Act that the notice was—
Please become a Premium member. If you are already a Premium member, login here to access the full content.
