The Assessing Officer issued reopening notice against assessee for assessment year 2011-12 on 31-3-2018 which was last date for reopening of assessment and it was despatched on same day, however, franking was done by postal department on 2-4-2018, in view of fact that 1-4-2018 was a Sunday. The assessee challenged the notice as time barred the Court held that for all purposes, reopening notice was issued within period of limitation and hence valid. (AY. 2011-12)
Dr. Bharani R. Paluvai v. ITO (2021) 283 Taxman 159 (Mad.)(HC)
S. 149 : Reassessment-Time limit for notice-Issue of notice-Notice dated 31-3 2018-Despatched on same day-1-4-2018 being Sunday Franking was done by postal authorities on 2-4 2018-Notice is not time barred. [S. 147, 148, Art. 226]