H.L.Karwa - (1.)THIS is an appeal by the assessee and is directed against the order of the CIT(A)-II, Pune, dt. 19-12-2002, relating to assessment year 1997-98.
(2.)First ground of appeal reads as under: "On facts and circumstances prevailing in the case and as per provisions of law, it be held that proceedings commenced by issue of notice under section 143(2) of the Act and regular assessment order passed under section 143(3) of the Act is barred by limitation."
Briefly stated, the facts of the case are that the return of income for the assessment year under consideration was originally filed on 30-8-1997, returning a total loss of Rs. 5,82,370. The said return was later revised on 6-11-1997, returning a total income of Rs. 40,000. The revised return was processed under section 143(1)(a) of the Act. In this case, the assessee through his Authorized Representative vide letter dt. 29-10-1999, addressed to the assessing officer stated that the assessee has received for the first time notice under section 143(2) of the Act dated 28-9-1999 on 21-10-1999, and since the revised return was filed on 6-11-1997 the said notice was beyond the time-limit prescribed by provisions of section 143(2) of the Act and, therefore, it was not tenable in law. However, the assessing officer negatived the above contention of the assessee. According to the assessing officer, a notice under section 143(2) of the Act was sent to the assessee on 6-1-1998, by RPAD which was received by him on 8-1-1998. The assessing officer also noted that an acknowledgement for the receipt of the said notice was available on record. According to the assessing officer, notice under section 143(2) was served on the assessee well within the time-limit prescribed by the Income Tax Act. He, therefore, held that the assessment proceedings were valid and not time-barred as alleged by the assessee.

(3.)ON appeal, the CIT(A) confirmed the action of the assessing officer.