2011 (9) TMI 241

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....l was admitted on 24.7.2006 to consider the following substantial questions of law:-  1.  Whether the appellate authorities were correct in holding that the notice issued under Section 158BC of the Act on 15-12-1997 giving the assessee 15 days time to file the return of income is invalid and consequently the assessment stand annulled despite the Assessing Officer granting further time....

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....d. and batch of cases. In the judgment delivered on 26.8.2011 this Court held as under: - "14. The proceedings under Chapter X1V-B and the provisions of Section 139 are different. A return filed under Section 139 is a voluntary return. A return under Chapter XIV-B cannot be filed voluntarily. It is only when a notice under Section 158BC is validly issued, only then a return could be filed. It i....

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....148. A notice under Section 158BC provides for a procedure to be adopted for block assessment. Under this procedure envisaged, the Assessing Officer shall serve a notice requiring the assessee to furnish his return within such time not being less than 15 days but not more than 45 days as specified in the notice. Therefore, the time to be granted to the assessee in terms of Section 158BC is a minim....