TaxTMI 
TaxTMI 
2011 (2) TMI 248
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....e above appeals are inter-connected as ITA No. 558 of 2006 is on the issue of quantum while ITA No. 342 of 2009 is on the issue of penalty. 3. ITA No. 558 of 2006 has been filed by the revenue under Section 260A of the Income Tax Act, 1961 (in short "the Act") against order dated 28.2.2006 passed by the Income Tax Appellate Tribunal, Delhi Bench "B", New Delhi, in ITA No. 8/DEL/2005 for the Block Period from 01.04.88 to 16.04.99. Learned counsel for the revenue fairly states that even though three questions were initially claimed, this Court admitted the appeal only on the following two questions declining the third question at the time of admission on 2.3.2007:- "(i) Whether the Hon'ble ITAT was right in holding that th....
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....ated and thereafter closing the matter. The defect in the notice pointed out by the Tribunal is curable under Section 292B of the Act. 7. In order to appreciate the submissions, the relevant provisions of the Act are reproduced below:- "158BC(c). The Assessing Officer, on determination of the undisclosed income of the block period in accordance with this Chapter, shall pass an order of assessment and determine the tax payable by him on the basis of such assessment." "158BD. Where the Assessing Officer is satisfied that any undisclosed income belongs to any person, other than the person with respect to whom search was made under section 132 or whose books of account or other documents or any assets were requisit....
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....e is less than the statutory period, no prejudice is caused unless the assessee takes steps within the statutory time. The notice specifying lessor period can be read as specifying the statutory period, this principle is duly recognized under Section 292B of the Act. Reference in this regard is being made to the judgments of the Hon'ble Supreme Court in .....1992 (4) SCT 727. The matter has also been recently considered by this Court in ______________________ wherein it was held that 9. In view of the legal position, the questions raised have to be answered in favour of the revenue. Accordingly, the appeals are allowed. The order of the Tribunal is set aside and the matter is remanded to the Tribunal for fresh decision on merits i....
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....allowed to subvert the provision by curing such an irregularity. The requirement of giving notice under section 158BC is a precondition for making assessment. No assessment under section 158BC or 158BD can be made without issuing a statutory notice as provided in section 158BC. The notice of less than 15 days is equal to no notice. As no assessment can be made under section 158BC in absence of notice, the assessment made by issuance of notice otherwise than in accordance wqith the provsiosn fo law, has to be treated on the same footing i.e. without notice. If the Assessing Officer cannot cure the irregularity in relation to non issuance of notice, he equally cannot cure the irregularity in relation to a notice which is ot in accordance with....
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....complaint of violation of procedural provision should be examined from the point of view of prejudice, viz., whether such violation has prejudiced the delinquent officer/employee in defending himself properly and effectively. If it is found that he has been so prejudiced, appropriate orders have to be made to repair and remedy the prejudice including setting aside the enquiry and/or the order of punishment. If no prejudice is established to have resulted therefrom, it is obvious, no interference is called for. In this connection, it may be remembered that there may be certain procedural provisions which are of a fundamental character, whose violation is by itself proof of prejudice. The Court may not insist on proof of prejudice in such cas....