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TMI Blog2013 (12) TMI 745X X X X Extracts X X X X X X X X Extracts X X X X ..... hat notice under Section 142 (1) can be regarded as a notice issued under Section 143(2) of the Act cannot be accepted - Following Commissioner of Income Tax versus Lunar Diamonds Ltd. [2005 (3) TMI 33 - DELHI High Court] - service of notice under Section 143(2) of the Act is mandatory - for proceedings under Section 147 of the Act, notice under Section 143(2) is required and is mandated except in cases covered by the first and second proviso to Section 148 of the Act – the facts of the case are not covered by the exceptions carved out in the two provisos as the return filed on or after 1st October, 2005 - Section 292BB does not help the Revenue, as the respondent-assessee had objected to the reassessment proceedings on the ground of non-is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 142(1) dated 14th August, 2008, therefore, does not help the Revenue. 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 the proceedings under Section 147 of the Act, notice under Section 143(2) is required and is mandated except in cases covered by the first and second proviso to Section 148 of the Act. The present case is not covered by the exceptions carved out in the two provisos as the return ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e excluded. 24. We may also notice here itself that the clarification given by CBDT in its Circular No. 717 dated 14-8-19952, has a binding effect on the Department, but not on the Court. This circular clarifies the requirement 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 without issuing notice under Section 143(2) of the Act. (emphasis supplied) 4. The aforesaid reasoning will equally apply to pro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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