notice u/s 143(2)

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Dharmendra Singhal (Querist)
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07 October 2009 notice u/s 143(2) served on 1.10.09 i.e. after 30.09.09
what is the legal status for this notice and is there any case law for this

sunny bansal

sunny bansal (Expert)
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07 October 2009 NOTICE ISSUED AFTER THE DUE IN ANY ACT BECAME INVALID & VOID-AB-INITIO. WHICH HAS NO LEGAL EFFECT.

Rajeev

Rajeev (Expert)
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08 October 2009 serving of notice is important u/s 143(2) to assume jurisdiction u/s 143(3) , however check with the postal dept/ITO whether the notice was served prior to 30/9 and was returned back .
it will be an irregular assessment , void if notice is not properly served .
if the reply from the postal dept /ITo is negative , file an affidavit with the concerned AO that no notice was served properly u/s 143(2) read with sec 282 .
pls protest before the proceedings are completed (if u agree to attend) and place yr protest on record , otherwise deeming provisions of 292BB may not be in your favor .

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