2014 (2) TMI 517

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....er section 158BC of the Income Tax Act? (b) Whether in the facts and circumstances of the case, the learned ITAT has erred in law in holding to the effect that omission to issue notice under section 143(2) in time cannot be a procedural irregularity and is not curable? (c) Whether in the facts and circumstances of the case, the learned ITAT has erred in law in ignoring the provisions of section 292BB of the Income Tax Act while holding to the effect that the original assessment order under section 158BC of the Income Tax Act, was bad in law as notice under section 143(2) was not issued within the prescribed time?" 2. In nutshell issue is single, namely, validity of block assessment proceedings in absence of notice issued under sect....

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.... reported in [2010] 321 ITR 362. The Revenue is thereupon before us in the present appeal. 6. Having heard learned counsel Mr. Varun Patel and having perused the documents on record, we have no hesitation in confirming the decision of the Tribunal. 7. Admitted facts are that for the block assessment, the Assessing Officer did not issue notice under section 143(2) of the Act within the time permitted. Though such notice was issued, it was delayed by over six months. It is well settled by the decision of the Supreme Court in the case of Assistant Commissioner of Income-Tax and another vs. Hotel Blue Moon(supra) that notice under section 143(2) would be mandatory even in case of block assessment proceedings. It was held that issuance of ....