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2011 (4) TMI 860 - HC - Income TaxBlock assessment - notice issued u/s 158BD without giving 15 clear days time to file the block return - Held that:- As decided in The Commissioner of Income Tax, Faridabad Versus Sh. Naveen Verma [2011 (2) TMI 248 - PUNJAB AND HARYANA HIGH COURT] Tribunal erred in concluding that failure to give notice of 15 days will vitiate the assessment itself without considering the prejudice to the assessee - total absence of notice may be on different footing but if notice is duly serviced, the assessee can either avail of the statutory time for filing of the return irrespective of shorter period mentioned in the notice or can be given fresh opportunity if it is held that the assessee suffered prejudice on account of shorter period mentioned in the notice - matter is remanded to the Tribunal for fresh decision in accordance with law.
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