9911796707
TMI Blog2013 (12) TMI 745X X X X Extracts X X X X X X X X Extracts X X X X ..... nt, case relating to the assessment year 2004-2005, notice under Section 147/148, of the Income Tax Act, 1961 (Act, for short) dated 14th May, 2007 was issued and served on the respondent- assessee. The respondent-assessee thereafter vide letter dated 15th June, 2007, submitted that the original return filed for the said assessment year on 29th March, 2005 may be treated as the return filed in res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nue. Even otherwise, it is difficult to accept the contention of the appellant that notice under Section 142 (1) can be regarded as a notice issued under Section 143(2) of the Act. This Court in the case of Commissioner of Income Tax versus Lunar Diamonds Ltd. [2008] 281 ITR 1 (Del.) has held that service of notice under Section 143(2) of the Act is mandatory. It is not disputed that in respect of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be followed by the assessing officer while completing the block assessments under Chapter XIV-B of the Act. This legislation is by incorporation. This section even speaks of sub-sections which are to be followed by the assessing officer. Had the intention of the legislature was to exclude the provisions of Chapter XIV of the Act, the legislature would have or could have indicated that also. A r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uirement of law in respect of service of notice under sub-section (2) of Section 143 of the Act. Accordingly, we conclude even for the purpose of Chapter XIV-B of the Act, for the determination of undisclosed income for a block period under the provisions of Section 158-BC, the provisions of Section 142 and sub-sections (2) and (3) of Section 143 are applicable and no assessment could be made with ..... X X X X Extracts X X X X X X X X Extracts X X X X
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