COMMISSIONER OF INCOME TAX Vs. CEBON INDIA LTD.

JUDGEMENT

(1.) THE revenue has preferred this appeal under Section 260A of the Income Tax Act, 1961 ('the Act') against the order dated 27 -6 -2008 passed by the Income Tax Appellate Tribunal, Delhi Bench "I", New Delhi in ITA No. 4531/DEL/2005 for the assessment year 1996 -97, proposing to raise following substantial questions of law:

(2.) THE assessee filed return for the assessment year in question on 30 -11 -1996, which was processed under Section 143(1)(a) on 30 -5 -1997. Thereafter, assessment was framed under Section 144 of the Act, which was affirmed in appeal. The Tribunal, however, remanded the matter to CIT(A). The CIT(A), in the second round, allowed the appeal on the ground that there was no evidence to show that notice under Section 143(2) of the Act had been served on the assessee before 30 -11 -1997, i.e., within one year of the filing of the return. It was accordingly held by the CIT(A) that the assessment was void.

(3.) LEARNED Counsel for the revenue submits that a notice has been duly dispatched to the assessee on 13 -11 -1997 and the irregularity or defect in issuing notice was curable under Section 292BB of the Act.