Modern Farm Services v Commissioner of Income Tax Notice — Service — Validity — Assessee firm dealer carrying on business of sale of tractors had filed its return declaring an income — Assessment was finalised u/s 143(3) — After recording reasons, notice u/s 148 was issued — Exparte assessment was framed on estimate basis — Additions was made by AO — CIT(A) had deleted addition thereof — Assessee claimed that neither proceedings started u/s 147 and 148 were valid nor any notice was actually been received in terms of s 148 — Held, merely because notice u/s 148(1) issued to assessee was taken by accountant of assessee who was authorised representative of assessee, service of notice cannot be termed as bad in law — Tribunal had categorically upheld action of AO in reopening case u/s 147 and also of service of notice u/s 148(1) on assessee through its representative to be valid and legal — Reopening of assessment was preceded by disclosure of reasons which were recorded in terms of s 148(2) and thereafter notice in terms of s 148(1) of was duly given to assessee’s representative and thus there was nothing illegal — Decision of Tribunal was upheld — Assessee’s appeal dismissed.
Posted on: Fri, 17 Jan 2014 11:07:54 +0000
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