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2020 (11) TMI 112 - AT - Income TaxValidity of notice u/s. 158BC - Whether a notice is invalid for not giving sufficient time as required u/s. 158BC? - HELD THAT:- We find that pursuant to search and seizure operation, the assessee was issued a notice u/s. 158BC of the Act in response to which the assessee had filed his return of income. The notice u/s. 158BC of the Act has been held to be invalid by the Tribunal. The AO got the jurisdiction over the assessee only by issuance of the notice u/s. 158BC, and since such notice has been held to be invalid, all consequential proceedings also will become invalid. The right course of action for the assessee would have been to challenge the above order of the Tribunal. By not challenging it, the finding of the Tribunal has become final and this Bench has no authority to set aside the finding of earlier Bench. Therefore, the assessee's appeal fails.
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