2015 (4) TMI 513 - SCH - Income Tax

Validity of notice issued u/s 158BC - Whether the notice issued u/s 158BC is invalid for non-mentioning of the block period in respect of which the said notice is issued Supreme Court after condoning the delay found no ground for interference with the order of high court 2014 (9) TMI 689 - KARNATAKA HIGH COURT wherein High Court held that In the notice issued u/s 158BC, the time granted to the assessee to file return, was less than 15 days - when the statute specifically prescribes 15 days time as the minimum and 45 days as the maximum, if the requirement of law is not complied with, the notice is defective and it is not curable one u/s 292B of the Act. However, assessee had no doubt in his mind what he is expected to do in law and there was no breach to any extent in non-mentioning of the block period in the notice issued to him - it is not the requirement of law that in a notice issued u/s 158BC, the period of block period is to be specifically mentioned by the authorities - If it is not mentioned, it would not invalidate the notice. Therefore Supreme Court dismissed the appeal filed.

Summary

The Supreme Court of India dismissed the special leave petitions after hearing the petitioner's counsel and reviewing the material. The delay was condoned, and no valid grounds for interference were found. The question of law was left open. (Citation: 2015 (4) TMI 513 - SC Order)