Dismissing the appeal of the revenue the Court held that ; even though revenue authorities issued notice under section 143(2) within period of limitation as prescribed in proviso to section 143(2), yet same was served on assessee after limitation period, it was to be regarded as invalid notice and, thus, assessment proceedings initiated in pursuance of said notice deserved to be quashed. The assessment was for the assessment years 1990-91 to 1990-2000 , was completed on November 28, 2001 .Both were prior to the amendment whereby S. 292BB was inserted . The assessment was barred by limitation. Tribunal was justified in considering the issue of limitation first time raised before the Tribunal ( AY. 1990-91 to 1999-2000)
CIT v. V.V. Devassy (2018) 403 ITR 25/ 252 Taxman 390/ 163 DTR 76 (Ker.)(HC)
S. 143(2) : Assessment – Block assessment -Notice issued with in period of limitation , however the notice was served beyond limitation period hence the assessment was held to be in valid and quashed- Tribunal was justified in considering the issue of limitation first time raised before the Tribunal [ S. 158BC, 254(1),292BB ]