2008 (5) TMI 609

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r the assessment year 200102. Learned counsel submitted that it has raised the following legal issue by way of additional ground : " The learned Commissioner of Income-tax (Appeals) has erred in law and in fact in not appreciating that the notices issued by the Assessing Officer are invalid and hence the assessment order under section 143(3)(ii) of the Act was bad in law and invalid." Lea....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....cer, thereafter, thought this case was fit for regular and thorough scrutiny under the provisions of section 143(3)(ii) and, accordingly, the Assessing Officer issued notice under section 143(2)(ii) on July 28, 2003, and passed order under section 143(3)(ii) on October 31, 2003. The assessee has challenged the validity of the notice under section 143(2)(ii) as time barred because, according to the....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....re also null and void. Learned counsel also placed reliance on the observation of the Tribunal in the case of Nayek Paper Converters v. Asst. CIT [2005] 93 ITD 144 (Kolkata) wherein the Tribunal had held that there were powers to issue notice under section 143(2)(ii) where a notice under section 143(2)(i) had already been issued, however, notice under section 143(2)(ii) was to be issued within the....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....a regular scrutiny where time to issue notice under section 143(2)(ii) has expired or not. We find that the Legislature introduced limited scrutiny for a limited period and provided for requirement of issue of notice therefore independently wherein the Assessing Officer was required to specify the specific nature of enquiry whereas the provisions of regular scrutiny and time limit to issue notice ....