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of <h1>Court invalidates late notice under Income-tax Act, emphasizes burden of proof on appellant</h1> <h3>Commissioner of Income-Tax Versus Lunar Diamonds Ltd.</h3> Commissioner of Income-Tax Versus Lunar Diamonds Ltd. - [2006] 281 ITR 1, 197 CTR 312, 146 TAXMANN 691 Issues:Validity of notice served under section 143(2) of the Income-tax Act, 1961.Analysis:The appellant challenged the order passed by the Income-tax Appellate Tribunal, Delhi Bench, regarding the notice served under section 143(2) of the Income-tax Act, 1961. The appellant contended that the notice should have been served within one year, but it was received after the prescribed period. The Commissioner of Income-tax (Appeals) accepted the assessee's contention that there was no valid service of notice, leading to the invalidity of the assessment. The Tribunal, however, rejected the appellant's arguments, stating that the burden was on the appellant to prove the notice was served within the prescribed time, which they failed to do.The appellant argued that the words 'served' and 'issued' are interchangeable, and since the notice was issued within the one-year period, there was no error in framing the assessment order. The appellant relied on a case to support this argument, but the court found the case to be inapplicable to the present situation. The court discussed the legislative history and interpretation of similar provisions to conclude that the appellant's argument was not valid.Furthermore, the appellant contended that the post office, as the agent of the assessee, should be considered to have served the notice when dispatched by registered post. However, the court found this argument to be unfounded based on a Supreme Court case that dealt with a different context. The court emphasized that the assessment was set aside not because it was null and void, but due to the late service of the notice, as confirmed by the Tribunal.Additionally, there were doubts regarding whether the notice was sent to the correct address of the assessee, as the receipt only contained the name without the address. Despite this, the Tribunal rightly placed the burden on the appellant to prove the service of notice within the prescribed time, which they failed to do. Ultimately, the court found no substantial question of law raised by the appeal and dismissed it.
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