TMI Blog2016 (8) TMI 520X X X X Extracts X X X X X X X X Extracts X X X X ..... der section 143(2) cannot be a procedural irregularity and is not curable and therefore the requirement of notice under section 143(2) cannot be dispensed with. - Decided in favour of assessee - TAX APPEAL NO. 147 of 2007 - - - Dated:- 4-8-2016 - MR. KS JHAVERI AND MR. G.R.UDHWANI, JJ. FOR THE APPELLANT : MR BHARGAV HASURKAR, ADVOCATE., OFFICIAL LIQUIDATOR FOR THE OPPONENT : MRS MAUNA M BHATT, ADVOCATE ORAL JUDGMENT (PER : HONOURABLE MR.JUSTICE KS JHAVERI) 1. Being aggrieved and dissatisfied with the impugned judgment and order passed by the Income Tax Appellate Tribunal, Ahmedabad Bench D (hereinafter referred to as ITAT) dated 12.05.2006 in ITA No. 40/Ahd/2001 for the Block Assessment Period 01.04.1986 to 09 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee has preferred the present Tax Appeal for consideration of the aforesaid substantial question of law. 3. Mr. Bhargav Hasurkar, learned advocate appearing on behalf of the assessee has submitted that as such the issue involved in the present Tax Appeal is now not res integra in view of the decision of the Apex Court in the case of Assistant Commissioner of Income Tax and Another vs. hotel Blue Moon reported in [2010] 321 ITR 362 (SC) wherein the Apex Court has held as under. Section 158BC provides for enquiry and assessment. After the return is filed, clause (b) of section 158BC provides that the Assessing Officer shall proceed to determine the undisclosed income of the block period in the manner laid down in section 158BB and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e not giving any elaborate reasons for the same as in the case of Hotel Blue Moon (Supra) it is held by the Apex Court that if an assessment is to be completed under Section 143(3) read with Section 158BC, notice under section 143(2) should be issued within one year from the date of filing of the block return. Omission on the part of the assessing authority to issue notice under section 143(2) cannot be a procedural irregularity and is not curable and therefore the requirement of notice under section 143(2) cannot be dispensed with. 6. In view of the above, the questions raised for consideration in the present appeal is answered in favour of the assessee and against the revenue. The Tribunal has committed an error in holding that in ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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