RAJES KUMAR, J. - (1.) THIS is an appeal under s. 260A of the IT Act 1961 (hereinafter referred to as the "Act"), directed against the order of law : "1. Whether the Tribunal was legally correct in holding that Shri G.K. Lath, chartered accountant possessed the requisite 'authority' to receive the notice under s. 143(2) on behalf of the assessee and in rejecting the assessee's plea against the validity of assessment on the ground of non -service of notice under s. 143(2) within the stipulated period of one year ? the reason of non -consideration of relevant material and information as was placed on record and as had been specifically referred to during the course of hearing of appeal ? 3. Whether on the facts and circumstances of the case, it can be validly held that the Revenue had discharged its onus of proving service of jurisdictional notice under s. 143(2) within the stipulated period of one year and in upholding, in
(2.) HEARD Sri S.K. Garg, learned counsel for the appellant and Sri D.D. Chopra, learned senior standing counsel, 'appearing on behalf of the Revenue.
(3.) AT the time of hearing the appellant has pressed the following question only : "1. Whether the Tribunal was legally correct in holding that Sri G.K. Lath, chartered accountant possessed the requisite authority to receive the notice under s. 143(2) on behalf of the assessee and in rejecting the assessee's plea against the validity of assessment on the ground of non -service of notice under s. 143(2) within the time stipulated period of one year - The brief facts of the case giving rise to the present appeal are as follows : The appellant is a private limited company incorporated under the Companies Act, 1956 and involved in the business of manufacture and sale of Pan Masala and Gutkha of specified brand. The appellant is an income -tax assessee since long and assessed to tax regularly. It is claimed to have maintained books of account and relevant records in regular course of business and the same were subjected to statutory audit under the Companies Act, 1956 and also tax audit under s. 44AB of the Act along with annual statements of account. The appellant has filed the IT return for the asst. yr. 2000 -01 appellant. The assessing authority issued notice under s. 143(2) of the Act and after taking the explanation of the the appeal. Being aggrieved by the order of the CIT(A), the appellant filed a second appeal before the Tribunal. The Tribunal by the impugned order allowed the appeal and deleted the addition.;