Delhi HC sets aside ITAT
order quashing re-assessment for AY 1995-96 on the ground that service of Sec.
148 notice on a person other than ‘principal officer’ as contemplated in Sec.
282(2) [as prevalent at the relevant time] , was not a valid service, HC rules
that “re-assessment u/s. 147/148 not invalid or void for want of proper service
of notice”; HC observes that Sec. 148 notice was sent by registered post at
assessee-company’s factory premises but was served on the security guard,
however, upon service of the said notice, assessee’s director (i.e. principal
officer) had appeared before the AO; Firstly, HC observes that use of the word
"may" in Sec. 282(2) reflects that this provision is permissive and
not mandatory, next HC rules that “A company being a juristic and a legal
person, service cannot be in person on the Company, and has to be affected by
sending the notice to the registered office or at the place of business”; Holding
that the object and purpose of service of notice was to inform and make the
company aware about Sec. 147/148 proceedings initiation, HC holds that in the
context of present case, “Initiation to this extent was valid.”, moreover, HC
notes that assessee did not raise the question about validity of service before
the AO; However, remands matter back as ITAT did not decide the appeal on
merits, distinguishes assessee’s reliance on plethora of rulings including
co-ordinate bench ruling in Rajesh Kumar Sharma, follows co-ordinate bench
ruling in Jagat Novel Exhibitors Private Limited:HC
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