DCIT Vs. NITS SOFTECH LTD
INCOME TAX APPELLATE TRIBUNAL
Click here to view full judgement.
P.N. Parashar, Judicial Member -
(1.) THE appeal filed by the revenue and the cross objection tiled by the assessee arise out of the order of the learned CIT (Appeals) dated 21-3-2005 in relation to block assessment years 1991-92 to 2001-02.
(2.) Shri L.M. Pandey CIT (DR) appeared on behalf of the Department whereas Shri Salil Kapur Adv. along with Shri Anil Jain CA and Sana Koijani Adv. appeared on behalf of the assessee.
In its cross objection, initially the assessee had taken following two grounds:
1. The notice under Section 158BD without any date directing the assessee to file the return within 15 days of the service is illegal and bad in law. The assessment completed under Section 158BD/158BC is also illegal, bad in law and without jurisdiction. Hence the same is liable to be quashed on this account alone.
2. No copy of satisfaction note if any, recorded before the issue of notice Under Section 158BD was made available.
(3.) THEREAFTER, application was moved by the assessee for admitting additional ground. This application was allowed vide order dated 9-10-07. Hence, additional ground was admitted as ground No. 3 and the same reads as under:
3. The alleged satisfaction was recorded on 19.12.2002 and assessment Under Section 158BC was completed on 29.8.2002, hence the said note was recorded beyond time and as such notice issued Under Section 158BD was illegal, bad in law and without jurisdiction.;
Copyright © Regent Computronics Pvt.Ltd.