2014 (2) TMI 657

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....Mahajan JUDGMENT:- We have heard Shri H.R. Misra, senior advocate assisted by Shri R.S. Agarwal for the appellant-assessee. Shri Bharat ji Agrawal, senior advocate assisted by Shri A.N. Mahajan, appears for the CIT. 2. This income-tax appeal has been preferred by the Revenue on the following questions of law :      "(iii) Whether, the Tribunal was legally correct in....

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....the judgment in Asstt. CIT v. Hotel Blue Moon [2010] 321 ITR 362. 4. We have gone through the judgment in Hotel Blue Moon (supra) and s. 292BB as inserted in the IT Act by the Finance Act, 2008 and do not find that the consideration of s. 292BB would have made any difference to the reasoning and the conclusions in the judgment. 5. The Supreme Court held in Hotel Blue Moon's case (supra) that....

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.... 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 the Act that the notice was not served upon him or no....