2015 (1) TMI 1431

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.... PER D. KARUNAKARA RAO, AM: This appeal filed by the Revenue on 2.3.2011 is against the order of the CIT (A)-21, Mumbai dated 23.12.2010. In this appeal, Revenue raised the following grounds which read as under: "1.(i) On the facts and in the circumstances of the case and in law, the Ld CIT (A) erred in holding that the assessment framed u/s 143(3) as invalid without appreciating th....

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.... to appreciate that it only vide letter dated 11.11.2008 that ICICI Bank Ltd had informed the Assessing Officer that the office of the assessee company is no longer situated in the premises of ICICI Bank Towers and they had been given to understand by the assessee company that the change of address has been communicated to the Income Tax Office and hence all correspondence pertaining to the assess....

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....d address to the ITO in 2005. Ignoring these facts, Assessing Officer issued statutory notices on 5.10.2007, 25.7.2008 to the address as per the PAN records i.e., "M/s. ICICI E-payments Ltd., ICICI Towers, Bandra Kurla Complex, Mumbai-51". Now the limited issue to be decided by us relates to whether the Assessing Officer rightly assumed jurisdiction when he issued statutory noticed to the address ....

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....t's raising such objections during assessment proceedings, the provisions of section 292BB were not applicable and section 292BB could not have given validity to the illegality / irregularity of the notices. In view of discussion made above, it is held that the Assessing Officer completed assessment u/s 143(3) of the Act without assuming valid jurisdiction u/s 143(2) of the Act. In the fa....