2010 (3) TMI 1128 - HC - Income Tax

Summary

Issues involved: Challenge to order of Income Tax Appellate Tribunal regarding the service of notice u/s 143(2) of the Income Tax Act for block period assessment.

Summary:
1. The Appellant Revenue challenged the order of the Income Tax Appellate Tribunal, Ahmedabad Bench 'A', questioning the cancellation of assessment for the block period due to non-service of notice u/s 143(2) of the Act.

2. Both parties acknowledged that the issue was settled by the Supreme Court in Assistant Commissioner of Income Tax v. Hotel Blue Moon, where it was held that the notice u/s 143(2) is mandatory for block period assessments.

3. The High Court found no legal flaw in the Tribunal's decision, citing the Apex Court's ruling, and concluded that no substantial question of law arose for interference. Therefore, the Appeal was dismissed.