JOSH BUILDERS & DEVELOPERS PVT LTD Vs. PRINCIPLE COMMISSIONER OF INCOME TAX-I, CHANDIGARH
LAWS(P&H)-2016-9-177
HIGH COURT OF PUNJAB AND HARYANA
Decided on September 09,2016

Josh Builders And Developers Pvt Ltd Appellant
VERSUS
Principle Commissioner Of Income Tax-I, Chandigarh Respondents

JUDGEMENT

- (1.) The present appeal filed under Section 260-A of the Income Tax Act, 1961 (for short the Act) is at the instance of the assessee and impugns therein the order passed by the Income Tax Appellate Tribunal, Chandigarh (for short the Tribunal).
(2.) In the present appeal, which pertains to the Assessment Year 2011-12, the appellant (hereinafter referred to as the assessee) seeks annulment of the assessment proceedings on the ground that preceding such assessment, no valid notice, as contemplated under Section 143(2) of the Act was issued and served upon the assessee.
(3.) Though four substantial questions of law were sought to be raised in the body of the present appeal, the following two were pressed at the time of hearing :- "(i). Whether the Hon'ble Tribunal acted illegally and perversely by misdirecting itself in law as well as on facts by reversing the order of the CIT (A) and restoring that of the Assessing Officer when neither notice under Section 143(2) of the Act was issued nor served, during the course of assessment proceedings (ii). Whether the Hon'ble Tribunal on the facts and in the circumstances of the case was right in law in applying the provisions of Section 292-BB of the Act in the case of the assessee when the notice though not proved to be issued by the Assessing Officer was also not served on the assessee - company -;


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