Tag: service of notice
Reassessment proceedings without sending Inspector to serve notice personally or by affixture where notice served by speed post was returned by Postal Authorities ABCAUS Case Law CitationABCAUS 3583 (2022) (02) ITAT In the instant case, the assessee had challenged the order passed by the CIT(A) in confirming the …
challenging service of notice u/s 143(2) is barred by operation of section 292BB as held by Hon’ble Supreme Court ABACUS Case Law CitationABCAUS 3384 (2020) (09) ITAT Important case law relied upon by the parties:CIT Vs. Laxman Das Khandelwal, 108 taxmann.com 183 (SC) In the instant case, the …
Notice can be served on Chartered Accountant as agent of assessee when CA holds Power of Attorney of the Company for the relevant AY – Supreme Court ABCAUS Case Law Citation:ABCAUS 3178 (2019) (10) SC Important case law relied upon by the parties:State of Rajasthan v. Basant Nehata 2005 (12) SCC 77 Notice …
Section 292BB does not save complete absence of notice. Section seeks to cure only infirmities in service of notice – Supreme Court ABCAUS Case Law Citation:ABCAUS 3120 (2019) (08) SC Important case law relied upon by the parties:ACIT v. Hotel Blue Moon’ (2010) 321 ITR 362 The instant …
Requirement u/s 143(2) is of service of notice and not issue of notice. ITAT explains the law on service of notice under Income Tax Act , 1961 ABCAUS Case Law Citation:ABCAUS 3058 (2019) (07) ITAT Important Case Laws Cited/relied upon by the parties:V. R. A. Cotton Mills P. …
ITAT remanded case for non receipt of notice, says postal services are poor in rural areas. Sometimes the postman delivers the post and sometimes the post is returned by the post office. ABCAUS Case Law Citation: ABCAUS 2956 (2019) (05) ITAT This appeal was filed by the assessee …
GST notice returned with postal endorsements as “not known” and “abolished” by no means suggest that there is any deemed service –High Court ABCAUS Case Law Citation: ABCAUS 2792 (2019) (02) HC The petitioner was a trader and was registered with the State VAT Department. The Petitioner closed …
Assumed Service of notice when it not received back not accepted by ITAT as proof of service on the assessee. Order of CIT(A) remanded holding that assessee was prevented by reasonable and sufficient cause for not appearing ABCAUS Case Law Citation: ABCAUS 2657 (2018) (12) ITAT The appeal …
Service of Income Tax notice to assessee in jail should be through Superintendent of the jail. High Court quashed order passed u/s 179 and 230 of Income Tax Act ABCAUS Case Law Citation ABCAUS 2370 (2018) 06 HC The instant writ was filed by the petitioner against the …
In a latest judgment, ITAT Delhi has held that post office is not an agent of the assessee. Notice u/s 143(2) dispatched to post office on the last date of limitation period can not be deemed to be the date of service of notice to the assessee. Case Law Details: …
