Ito, New Delhi vs Gautam Automobiles Pvt. Ltd.,, New ... on 9 May, 2019
8. On the other hand, Ld. D.R. relied upon the
Order of the Ld. CIT(A) and submitted that notice under
section 143(2) was to be generated on the address selected
by the assessee for communication in its PAN data and
assessee had selected the address at 2659/3, Gurudwara
Road, Karol Bagh, New Delhi as address for communication.
The assessee did not change the PAN data and that notice
sent through speed post never returned back to the A.O.
Therefore, there is a presumption that same have been duly
served upon the assessee. In support of the contention, the
Ld. D.R. filed copy of PAN data and also submitted that
refund was also provided at the same address along with
intimation under section 143(1) of the I.T. Act, 1961. Copy
of the receipt of speed post along with notice under section
143(2) dated 30.08.2000 also placed on record. The Ld. D.R.
relied upon Judgments of Hon'ble Delhi High Court in the
case of CIT vs. M.B. Energy Corporation 337 ITR 389 (Del.)