As per sec 292BB if assessee appeared or co-operated in any proceeding it will be deemed that all notice are duly served upon him

Last updated: 23 May 2012

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Court :
INCOME TAX APPELLATE TRIBUNAL

Brief :
On the facts and in the circumstances of the case, the Ld. CIT(A) has erred on facts and in law in quashing the assessment despite the specific saver provided under the Act by way of section 292BB because section 292BB of the Income Tax Act, 1961 provides that; “Where an assessee has appeared in any proceedings or co-operated in any inquiry relating to an assessment or reassessment, it shall be deemed that any notice under any provision of this Act, which is required to be served upon him, has been duly served upon him in time in accordance with the provisions of this Act and such assessee shall be precluded from taking any objection in any proceeding or inquiry under this Act that the notice was- (a) not served jupon him; or (b) not served upon him in time; or (c) served upon him in an improper manner Provided that nothing contained in this section shall apply where the assessee has raised such objection before the completion of such assessment or reassessment

Citation :
Income Tax Officer, Ward-11(1), New Delhi. (Appellant) Vs. M/s. Industrial Syndicate, Plot No.371, Sec.24, Faridabad. PAN/GIR No.AAAFI3809B (Respondent)

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