COMMISSIONER OF INCOME TAX Vs. INDERPAL MALHOTRA
LAWS(DLH)-2007-10-359
HIGH COURT OF DELHI
Decided on October 11,2007

COMMISSIONER OF INCOME TAX Appellant
VERSUS
Inderpal Malhotra Respondents

JUDGEMENT

- (1.) 416/Del/1996 relevant for the asst. yr. 1992 -93. 2. The only issue that arises in this case is whether notice under s. 143(2) was served on the assessee within the period of limitation. registered post, which was the last date of limitation. There is no way that the notice could have been received by the assessee on the same day unless the notice was sent by hand, which is not so in the present case.
(2.) In CIT vs. Vardhman Estate (P) Ltd. (2007) 208 CTR (Del) 251 : (2006) 287 ITR 368 (Del), a notice was sent by the Revenue in that case was that the notice sent should be deemed to have been served on the assessee. This argument was rejected by this Court and it was made clear that what is required by the statute is not merely the despatch or issuance of the notice but its actual service.
(3.) Since in the present case it is admitted that as a matter of fact, notice was issued by registered post on the last day of the period of limitation and by no other method, there was no possibility of it being served in time. No substantial question of law arises. Dismissed.;


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