Where the notice u/s 143(2) was issued beyond the prescribed period HELD the AO had no power to pass a block assessment order u/s 158BC and the same was null and void.
Note: The judgement in Scindia (Bom HC) was followed.
See Also: ITO vs. Varia Pratik (ITAT A’bad) .
Related Judgements
- UPS Freight Services vs. ACIT (ITAT Mumbai)
As the 3rd Provio to s. 245 (2A) {restricting the right of the Tribunal to grant stay beyond 365 days even if the delay is not attributable to the assessee} comes into force on 1.10.2008, there is no bar on the Tribunal before that date to grant stay beyond…
- Mrs. Mudra Nanavati vs. DCIT (ITAT Mumbai)
The issue of notice under s. 143 (2) I. T. Act within the time limit is mandatory for block assessment proceedings. If notice u/s 143 (2) is issued beyond the time limit, the block assessment order passed u/s 158BC is not valid.
- Deepak Agro Foods vs. State (Supreme Court)
Where the High Court was satisfied that the assessment order had been back-dated and directed that a fresh order be passed by a different AO and the assessee filed an appeal arguing that the assessment proceedings should have been declared null and void, held:
(a) All irregular or erroneous…
January 14th, 2009 at 7:29 pm
[...] Also See: Zeus Air Services vs. DCIT (ITAT Mumbai) [...]