The CBDT has issued Instruction No. 04/2013 dated 05.07.2013 with regard to the directive issued by the Delhi High Court in Court on Its Own Motion vs. UOI 352 ITR 273
- that the demand should not be enforced in cases
- where no intimation u/s 143(1) was sent
- by the field authorities in respect of returns
- which were processed prior to 31.03.2010.
It is also important to note here that the onus to show that the order was communicated and was served on the assessee is on the Revenue and not upon the assessee.