Novatech Industries Pvt. Ltd. filed its return of income for assessment year 2023-24 on 25 th October 2024. The return is selected for regular…

(a) The time limit for service of notice under section 143 (2) is three months from the end of the financial year in which the return of income was furnished by the assessee. The return of income for assessment year 2024-25 was filed by the assessee on 25 th October, 2024. Therefore, the notice under section 143 (2) has to be served by 30 th June, 2025. However, the notice was served on the assessee only on 9 th July, 2025. Hence, the notice issued under section 143 (2) is time-barred. However, as per section 292BB, where an assessee had appeared in any proceedings or co-operated in any enquiry relating to an assessment or reassessment, it shall be deemed that any notice required to be served upon him, has been duly served upon him in time in accordance with the provisions of the Act and such assessee shall be precluded from raising any objection in any proceeding or enquiry that the notice was (a) not served upon him or (b) not served upon him in time or (c) served upon him in an improper manner. The above provision shall not be applicable where the assessee has raised such objection before the completion of such assessment or reassessment. Therefore, in the instant case, if the assessee, Novatech Industries Pvt. Ltd, had raised an objection to the proceeding, on the ground of non-service of the notice under section 143 (2) on time, then, the validity of the assessment order can be challenged. In absence of such objection, the assessment order cannot be challenged.