NARINDER KUMAR Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE petitioners are partners of a firm M/s. Dewan Chand Dholan Das & Co. (hereinafter referred to as the 'assessee') and have filed this writ petition under Article 226 and 227 of the Constitution of India, inter alia, impugning the Assessment Order dated 28.02.2003 and the order dated 02.12.2013 passed by the Commissioner Income Tax (CIT), whereby the revision petition of the assessee under Section 264 of the Income Tax Act, 1961 (hereinafter referred to as the 'Act') against the Assessment Order was dismissed.

(2.) BRIEFLY stated the relevant facts of the case are as under: -

(3.) THE learned counsel for the assessee referred to Section 292BB of the Act and argued that the said Section had been introduced by Finance Act, 2008 w.e.f. 01.04.2008. By virtue of the said provision, any notice under any provision of this Act would be deemed to have been served on an assessee who has appeared in the proceedings without raising any objection before the completion of the assessment. It was submitted that the period in question in the present matter was prior to 01.04.2008 and in the absence of that provision, it could not be deemed that the petitioner was precluded from raising the objection that it had not received the notice as prescribed.