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2016 (8) TMI 520 - GUJARAT HIGH COURT

2016 (8) TMI 520 - GUJARAT HIGH COURT - TMI - Block assessment framed u/s.158BC - necessity of issuing statutory notice u/s.143(2) - Held that:- As considering the decision of this Court in the case of Hotel Blue Moon [2010 (2) TMI 1 - SUPREME COURT OF INDIA] he questions, which are raised in the present appeal are required to be answered in favour of the assessee wherein held by the Apex Court that if an assessment is to be completed under Section 143(3) read with Section 158BC, notice under se .....

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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 09.01.1997, the assessee has preferred the present Tax Appeal for consideration of the following substantial questions of law: (i) .....

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dural lapse and therefore the same can be regularized and ratified ? 2. A search was conducted at the premises of assessee and notice u/s 158BC was issued requiring the assessee to furnish return of income for the block period from 01.04.1986 to 09.01.1997. The return of income was filed showing total undisclosed income at Rs. NIL and consequently assessment was framed under Section 158BC read with section 143(3) of the Income Tax Act, 1961 ( hereinafter referred to as the Act ) determining undi .....

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dvocate 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 t .....

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der section 143(3) only. 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. Therefore, the requirement of notice under section 143(2) cannot be dispensed with 4. Mr. M.R. Bhatt, learned Senior Advocate appearing with Ms. M .....

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