TMI Blog2011 (9) TMI 241X X X X Extracts X X X X X X X X Extracts X X X X ..... XIV-B cannot be filed voluntarily. It is only when a notice under Section 158BC is validly issued - the time to be granted to the assessee in terms of Section 158BC is a minimum of 15 days and a maximum of 45 days. If the said period of time is not granted, the notice is invalid - Held that in view of aforesaid judgement in this case also as the time stipulated in the notice under Section 158BC i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 29-6-1999? 2. Whether the notice issued under Section 158BC(a)(i) of the Act cannot be treated as invalid since further time of eighteen months has been granted to the assessee to file the return of income which was in conformity with the intent and purpose, of the Act as contemplated under Section 292B of the Act? OR 3. Whether the tribunal after treating the notice as invalid should have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... validly issued, it is only then that a return could be filed. When any search has been conducted under Section 132 or books of account, other document or assets, are requisitioned. under Section 132A, it is only then, the Assessing Officer shall proceed to assess the undisclosed income. Therefore, Section 158BA provides for jurisdiction to the Assessing Officer to assess the undisclosed income in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dering the entire proceedings as without jurisdiction Admittedly in this case, the notice under Section 158BC calls upon the assessee to submit its return of income "within a period of 15 days". Within a period of 15 days is less than 15 days. Therefore, the mandatory period of time as stipulated under Section 158BC has not been complied with. The notice therefore is invalid. An invalid notice can ..... X X X X Extracts X X X X X X X X Extracts X X X X
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