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2013 (7) TMI 849 - HC - Income TaxBlock assessment - Limitation period of notice u/s 143(2) for the purpose of assessment u/s 158BC - whether service of notice on the assessee u/s 143(2) within the prescribed period of time is a pre-requisite for framing the block assessment under Chapter XIV-B - Held that:- There is a clear omission on the part of the assessing authority to issue notice under section 143(2) is not a procedural irregularity and the same is not curable – If there is violation of the mandatory provision then the assessment order passed is illegal and liable to be set aside - the requirement of notice u/s 143(2) cannot be dispensed with in respect of the block return filed the AO must necessarily issue notice u/s 143(1) within the time prescribed in the proviso to section 143(2) - Even for the purpose of Chapter XIV-B for determination of the undisclosed income for the block assessment under the provisions of section 158BC, the provisions of section 142 and sub-sections (1) and (3) of section 143 are applicable - No assessments could be made without issuance of notice u/s 143(2) where the AO in repudiation of the return filed u/s 158BC proceeds to make an enquiry he has to necessarily follow the provisions of section 142, sub-sections (2) and (3) of section 143 - the issuance of notice u/s 143(2) within the prescribed time limited for the purpose of making assessment u/s 143(3) is mandatory – appeal decided in favour of assesse.
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