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The HC held that notices issued beyond the 10-year limitation under s.149 lacked statutory mandate and were void for want of jurisdiction; jurisdictional defect is binary and resolved in favour of the assessee. A subsequent reliance on s.150 could not cure the limitation bar because the twin conditions in s.150 (findings in furtherance of the appellate order and specific direction) were not satisfied, and allowing s.150 to operate as a rescue would effectively negate the statutory limitation. Consequently the s.148 notice and all ensuing proceedings were declared unsustainable and quashed. Writ petitions filed by the petitioner assessees under Art.226 were allowed and the assessment proceedings were set aside.
The HC held that notices issued beyond the 10-year limitation under s.149 lacked statutory mandate and were void for want of jurisdiction; jurisdictional defect is binary and resolved in favour of the assessee. A subsequent reliance on s.150 could not cure the limitation bar because the twin conditions in s.150 (findings in furtherance of the appellate order and specific direction) were not satisfied, and allowing s.150 to operate as a rescue would effectively negate the statutory limitation. Consequently the s.148 notice and all ensuing proceedings were declared unsustainable and quashed. Writ petitions filed by the petitioner assessees under Art.226 were allowed and the assessment proceedings were set aside.
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