Pune ITAT rules that
service of notice u/s. 143(2) on the manager of assessee-firm and not partners,
would not invalidate the assessment proceedings for AY 2010-11; Observes that
though the assessee had raised objection before the AO during the course of
assessment proceedings itself that the notice was not properly served, the
authorized representative (AR) of the assessee appearing before the AO gave his
‘no objection’ for furthering the assessment proceedings; ITAT remarks that
“the proviso to section 292BB of the Act, which was triggered by raising an
initial objection before the AO, was given a go by and got set to rest by the
ld. AR not objecting to such objection in terms of order sheet entry..”; ITAT
rules that once the proviso is held to be inapplicable, the main provision of
Sec. 292BB gets magnetized, which deems proper service of notice on assessee;
Further clarifies that once an assessee empowers his AR to appear in the income
tax proceedings and undertakes to ratify his acts, there is no need to ignore
any concession made by the ld. AR and personally call upon the assessee to make
concession in every case, distinguishes assessee’s reliance on SC ruling in
Himalayan Cooperative Group Housing Society on facts:ITAT
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