2024 (1) TMI 1182

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....aised following grounds of appeal:- 1. "That on the facts and circumstances of the case and the provisions of law, the Ld CIT Appeals has failed to appreciate that the assessment order passed by the Ld AO u/s 143(3) is illegal, time barred and hence, bad in law and without jurisdiction. The additions made/sustained are unjust, unlawful and arbitrary and are made against the principles of natural justice. 2. That on the facts and circumstances of the case and the provisions of law, the Ld CIT Appeals has failed to appreciate that the notice issued u/s 143(2) is time barred and hence, illegal and bad in law and therefore, the assessment order passed thereof, is also illegal, bad in law and without jurisdiction. 3. T....

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....e first instance before the Assessing Officer("AO"). He drew our attention to the letter dated 24.12.2010 enclosed with the Paper Book. Ld. Counsel for the assessee submitted that on 30.06.2022, the Tribunal had directed the Revenue to produce the notice issued u/s 143(2) of the Income Tax Act, 1961 ("the Act"). He further submitted that as per the record, the only notice dated 21.10.2010 was issued. Ld. Counsel for the assessee further filed a brief synopsis. For the sake of clarity, the relevant contents of the brief synopsis are reproduced a sunder:- "A search operation was conducted at the premises of the assessee on 20.10.2008. Pursuant to search return of income for AY 2009-10 was filed on 30.09.2009 vide receipt No. 97110950....

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....ted 29.03.2010 available on record as mentioned in the assessment order. 4. We have heard Ld. Authorized Representatives of the parties and perused the material available on record and gone through the orders of the authorities below. We find that specific direction was issued to the Revenue for furnishing the notice issued u/s 143(2) of the Act. In pursuance to the direction dated 30.06.2022, Ld.Sr.DR for the Revenue has produced assessment record. We have perused the assessment record. We find that there is no notice dated 29.03.2010, is available on record. This fact is fairly admitted by Ld. Sr. DR for the Revenue. Therefore, it can be safely inferred that the only notice u/s 143(2) of the Act was issued on 21.10.2010. However, as pe....