TMI Blog2019 (8) TMI 660X X X X Extracts X X X X X X X X Extracts X X X X ..... The scope of the provision is to make service of notice having certain infirmities to be proper and valid if there was requisite participation on part of the assessee. It is, however, to be noted that the Section does not save complete absence of notice. For Section 292BB to apply, the notice must have emanated from the department. It is only the infirmities in the manner of service of notice that the Section seeks to cure. The Section is not intended to cure complete absence of notice itself. Since the facts on record are clear that no notice u/s 143(2) was ever issued by the Department, the findings rendered by the High Court and the Tribunal and the conclusion arrived at were correct. We, therefore, see no reason to take a different ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt of unexplained hundies and ₹ 29,53,631/- was added on account of unexplained cash receipts. Aggrieved, the assessee filed an appeal before the Commissioner Income Tax (Appeal). The Commissioner of Income Tax (Appeal) deleted an amount of ₹ 7,48,463/- holding that jewellery found in locker weighing 686.4 gms stood explained in view of circular No.1916 and further deleted the addition of ₹ 29,23,98,117/- out of ₹ 29,53,52,631/- holding that the correct approach would be to apply the peak formula to determine in such transaction which comes to ₹ 29,54,514/- as on 05.03.2010. Aggrieved, Revenue filed an appeal. The Assessee filed cross objection on the ground of jurisdiction of Assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he High Court was the effect of absence of notice under Section 143(2) of the Income Tax Act, 1961 ( the Act , for short). The Respondent-Assessee relied upon the decision of this Court in Assistant Commissioner of Income Tax and Another vs. Hotel Blue Moon (2010) 3 SCC 259. On the other hand, reliance was placed by the Appellant on the provisions of Section 292BB of the Act to submit that the Respondent having participated in the proceedings, the defect, if any, stood completely cured. 5. At the outset, it must be stated that out of two questions of law that arose for consideration in Hotel Blue Moon s case2 the first question was whether notice under Section 143(2) would be mandatory for the purpose of making the assessment unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cle 136, and the same was granted, and hence this appeal. 13. The only question that arises for our consideration in this batch of appeals is: whether service of notice on the assessee under Section 143(2) within the prescribed period of time is a prerequisite for framing the block assessment under Chapter XIV-B of the Income Tax Act, 1961? 27. The case of the Revenue is that the expression so far as may be, apply indicates that it is not expected to follow the provisions of Section 142, sub-sections (2) and (3) of Section 143 strictly for the purpose of block assessments. We do not agree with the submissions of the learned counsel for the Revenue, since we do not see any reason ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erved upon was duly served and the assessee would be precluded from taking any objections that the notice was (a) not served upon him; or (b) not served upon him in time; or (c) served upon him in an improper manner. According to Mr. Mahabir Singh, learned Senior Advocate, since the Respondent had participated in the proceedings, the provisions of Section 292BB would be a complete answer. On the other hand, Mr. Ankit Vijaywargia, learned Advocate, appearing for the Respondent submitted that the notice under Section 143(2) of the Act was never issued which was evident from the orders passed on record as well as the stand taken by the Appellant in the memo of appeal. It was further submitted that issuance of notice under Section 143 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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