AO
served notice u/s 143(2) on the Chartered Accountant (CA), who audited the
books of the assessee, on the last day of 12th month from the end of
the month in which the assessee filed the return of income. Hon’ble ITAT found
that AO had not claimed that the said CA was authorised to receive any notice
on behalf of the assessee or was representative of the assessee or that any
power of attorney was executed by the assessee in his favour. It was held that
such a notice cannot be said to be validly served within the prescribed statutory
period. Since the jurisdiction was not validly assumed by AO, the assessment
framed u/s 144 was ordered to be cancelled.
[M/s.
Devansh Enterprise vs. ITO – ITA No.1419/Ahd/2006]
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