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2014 (2) TMI 657 - HC - Income TaxBlock Assessment - Requirement to serve Notice u/s 143(2) of the Act - Held that:- The decision in Asstt. CIT v. Hotel Blue Moon [2010 (2) TMI 1 - SUPREME COURT OF INDIA] followed - The AO must necessarily issue notice u/s 143(2) of the Act within the time prescribed in the proviso to s. 143(2) - by making the issue of notice mandatory, s. 158BC, dealing with block assessments, makes such notice the very foundation for jurisdiction - Such notice is required to be served on the person, who is found to have undisclosed income - The requirement of notice under s. 143(2) cannot be dispensed with - The non-consideration of s. 292BB, which is rule of evidence and a deeming provision to cannot validate the notice in certain circumstances - the very foundation of the jurisdiction of the AO is on the issuance of the notice under s. 143(2) – Decided against Revenue.
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