2014 (1) TMI 989

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....Joseph, SC For Income Tax JUDGEMENT Per : Shaffique, J : The assessee has filed this appeal challenging the order passed by the Income Tax Appellate Tribunal, Cochin Bench in ITA No.636/Coch/08 with reference to the assessment year 2001-02. The facts of the case would disclose that the assessee filed return of income on 31.07.2001 by way of short-term capital gains on sale of certain buil....

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....peals). 3. Learned counsel for the appellant had raised the following substantial questions of law:      "i) In the facts and circumstances of the case, ought not the Tribunal had held that the reopening is bad in law for want of statutory notice under Section 143(2) of the Act ?    ii) In the facts and circumstances of the case ought not the Tribunal had held tha....

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.... notice under Section 142(1) of the Act which according to the assessee is bad in law. Ongoing through the provisions of Section 143(2) (ii) of the Act, the notice is beyond the time specified under the said provision. Hence further proceedings cannot be taken against the assessee. 6. The learned counsel for the appellant would submit that though specific ground had been raised in the memorandu....