COMMISSIONER OF INCOME TAX Vs. JAGDAMBA MARBLES LTD.

JUDGEMENT

(1.) THIS is an appeal under s. 260A(1) of the IT Act, 1961 ('IT Act' for short) assailing the order of the Income Tax Appellate the end of the month in which the notice under Chapter XIV -B of the IT Act came to be served on the assessee 2004.

(2.) THE assessment order records the address of the respondent/assessee as C -4/127, S.D. Area, New Delhi. However, according to learned counsel for the respondent/assessee the assessee has shifted to 27, Sadhana Enclave, along with postal receipts and the returned envelope, have been placed on record. There is sufficient reason, therefore, for the assumption that the notice was duly served on the assessee. We have perused the assessment order dt. 5th 2002. Beyond this, there is no discussion on the aspect that the assessment order was passed within the time prescribed by law. to justify the same i.e. copy of speed post envelope or receipt showing date of service. Therefore, the ground raised by

(3.) IT was in this factual background that learned counsel for the respondent has placed on record the notice dt. 24th memorandum of appeal in Form -35 filed before the CIT(A), which categorically makes a mention of the notice dt. 24th the Department with the endorsement that no such company existed at that address. According to him, the notice dt.