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TMI Blog2014 (2) TMI 657X X X X Extracts X X X X X X X X Extracts X X X X ..... to s. 143(2) - by making the issue of notice mandatory, s. 158BC, dealing with block assessments, makes such notice the very foundation for jurisdiction - Such notice is required to be served on the person, who is found to have undisclosed income - The requirement of notice under s. 143(2) cannot be dispensed with - The non-consideration of s. 292BB, which is rule of evidence and a deeming provis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ogy 'so far as may be' as appearing in s. 158BC(b), the applicability of s. 143(2) as a whole, to the block assessment proceedings, was optional at the end of the AO and non-issuance (by the AO) and non-service (on the assessee) of such a notice does not affect the validity of block assessment order ? (iv) Whether, the Tribunal was legally correct in holding that the Circular No. 717 dt. 14 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee in response to notice under s. 158BC(a) of the Act relating to a block assessment, the AO must necessarily issue notice under s. 143(2) of the Act within the time prescribed in the proviso to s. 143(2). It was further held that by making the issue of notice mandatory, s. 158BC, dealing with block assessments, makes such notice the very foundation for jurisdiction. Such notice is required ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nner. 7. In the present case the Tribunal has returned the findings that the notice under s. 143(2) of the Act was admittedly not issued in this case. The assessing authority thus did not have jurisdiction to proceed further and make assessment. 8. We do not find that the non-consideration of s. 292BB, which is rule of evidence and a deeming provision to validate the notice in certain circumst ..... X X X X Extracts X X X X X X X X Extracts X X X X
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