- (1.) Present appeal under Section 260A of the Income Tax Act, 1961 has been filed by the department against the judgment and order dated 06.04.2005 passed by the Income Tax Appellate Tribunal, Lucknow in ITA No. 1266/Alld/97 for the assessment year 1994-95.
(2.) The brief facts of the case are that on 05.08.1993 a search and seizure operation was conducted at the business and residential premises of the Assessee. Return for the assessment year under consideration (1994-95) was filed on 31.10.1994. The A.O. issued the notice under Section 142(1) to the Assessee on 13.06.1995 and later on, notice under Section 143(2) was issued on 13.12.1995. Finally, the assessment was completed under Section 144 . In first appeal, CIT(A) has annulled the assessment order on the ground that notice under Section 143(2) was served upon the Assessee after expiry of 12 months from the end of the month in which the returned was filed. Thus, CIT (A) concluded that the A.O. could not have assumed jurisdiction to scrutinize and pass the assessment order under Section 143(3) . Being aggrieved, the department has filed an appeal before the Tribunal who upheld the order of the CIT (A). Still being aggrieved, the department has filed the present appeal.
(3.) With this background, Sri D.D. Chopra, learned Counsel for the department justified the AO's order but he admits that the notice under Section 143(2) was served upon the Assessee after expiry of 12 months from the end of the month in which the return was furnished. He further submits that the issue and service of notice under Section 143(2) is merely a technical formality and the same is curable.;