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2023 (8) TMI 158 - HC - Income TaxBlock assessment u/s 158BC - limitation for filing a return - HELD THAT:- The provision mandates that in a notice issued under Section 158 BC, the assessee shall be provided a minimum period of fifteen days; which is a reasonable period for the assessee to file a return or a maximum period of forty-five days; after which the Assessing Officer can proceed with the assessment. In the present case, a notice, as we see from the orders on record, provides a time of thirty days to file a return which is in accordance with the above quoted provisions. Since there is no limitation for filing a return, the assessee cannot be faulted if a return is filed at any time before the completion of assessment. No notice u/s 143(2) issued - AO also, after the time provided in the notice, if it is within 15 to 45 days can proceed further if no return is filed. In the present case, a subsequent notice was issued u/s 142(1), which was responded with a return filed, within almost twelve days. The assessment was completed much after, but without issuing a notice u/s 143(2). This is not a case where there was no return filed, in which event it was also held in CIT v Devendranath G. Chaturvedi [2017 (6) TMI 732 - GUJARAT HIGH COURT] that a notice is required u/s 143(2). As held that in the circumstances when there was no return filed pursuant to a notice u/s 142(1), there is a requirement for a further notice u/s 143(2), which provision has been made applicable to Section 158BC. The assessment completed under Section 158BC without a notice under Section 143(2) cannot be sustained and the same has to be set aside Whether curable defect u/s 292BB? - Since Section 292BB only speaks of a notice being deemed to be valid in certain circumstances, when the assessee has appeared in any proceeding and cooperated in any enquiry relating to assessment or re-assessment. It does not take in the circumstances of a complete absence of notice; which does not stand cured under Section 292BB, especially in the teeth of such notice being found to be mandatory under the Act. We need to only notice the decision of Laxman Das Khandelwal [2019 (8) TMI 660 - SUPREME COURT] to find the last question also in favour of the assessee and against the Revenue.
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