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2014 (7) TMI 550 - AT - Income TaxValidity of block assessment – Non issue of notice u/s 143(2) for making assessment u/s 158BC – validation u/s 292B - Held that:- The appeal was filed in the year 1997 and for last so many years it remained pending for some or the other reasons including the evidence of issuance of notice u/s 143(2) by the AO - notices issued u/s. 142 and 143(2) of the Act operate in different fields and they have been incorporated in the Act for specific purposes-they are not substitute for the other – Relying upon Virendra Dev Dixit Versus Assistant Commissioner of Income-tax [2010 (4) TMI 733 - Allahabad High Court] - for assessing the income of the block period AO is required to issue notice u/s. 143(2) of the Act -AO has not followed the mandatory pre-condition for assessing the income of the block period, so, we quash the order passed by the AO. Also in Assistant Commissioner of Income Tax & Anr. Versus M/s. Hotel Blue Moon [2010 (2) TMI 1 - SUPREME COURT OF INDIA] it has been held that assessment completed u/s. 158BC without issuing a notice u/s. 143(2) is illegal and has to be quashed, that notice issued u/s. 142 cannot be equated u/s. 143(2) of the Act, that provisions of section 292BB of the Act are curative in nature and are applicable from 2008 only - the AO had not complied with the mandatory provisions, as envisaged by the provisions of the Act i. e. not issuing the notice u/s. 143(2) within the stipulated time so order passed by him is quashed - the order passed by the AO was without jurisdiction - Decided in favour of Assessee.
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