2007 (11) TMI 644

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..... Raghavan JUDGMENT The Revenue is aggrieved by an order dt. 31st Jan., 2006 passed by the Income-tax Appellate Tribunal ('Tribunal'), Delhi Bench 'E' in ITA No. 4269/Del/2005 relevant for the asst. yr. 2002-03. 2. The short issue that has been urged in this case is whether the notice sent to the assessee on 31st July, 2003 under s. 143(2) of the IT Act, 1961 (for short &#....

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....ssee through a process server on 31st July, 2003 itself. The Tribunal by its order dt. 22nd Sept., 2006 rejected this contention and held that in exercise of its jurisdiction under s. 254(2) of the Act it could not review the earlier order. The Revenue has preferred an appeal being IT Appeal No. 414 of 2007 against that decision, which is being heard and disposed of along with the present appeal. ....

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....ss server, we are of the view that no error can be found with the order passed by the Tribunal. 6. We may also mention that in CIT vs. Vardhman Estate (P) Ltd. (2007) 208 CTR (Del) 251: (2006) 287 ITR 368(Del), a similar contention was sought to be urged on behalf of the Revenue. When it was put to learned senior standing counsel of the Revenue whether there existed any provision of law which r....