2011 (7) TMI 1225

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..... fect of non-issuance of notice within the statutory period. We may notice that in the present case, Tribunal had rendered its decision in the year 2006. Section 292BB was introduced with effect from 1.4.2008. We have serious doubt whether such provision can be applied to case on hand. However, without entering into such controversy, we are of the opinion that provisions contained in Section 292BB also would not save the proceedings in the present case. Decided against the Revenue.
MR.JUSTICE AKIL KURESHI AND MS JUSTICE SONIA GOKANI MR MR BHATT, SR. ADV. with MRS MAUNA M BHATT for the Appellant ORAL ORDER (Per : HONOURABLE MR.JUSTICE AKIL KURESHI) 1. Revenue has challenged the judgment of the Tribunal dated 23.6.2006. Following que .....

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..... s reported [2006] 287 ITR 360(Guj.). 3. In the present appeal, Revenue's main thrust is on the provisions contained in Section 292BB of the Act, which Section was introduced by the Finance Act, 2008 with effect from 1.4.2008. Section 292 BB reads as under:- "Where an assessee has appeared in any proceeding or cooperated in any inquiry relating to an assessment or reassessment, it shall be deemed that any notice under any provision of this Act, which is required to be served upon him, has been duly served upon him in time in accordance with the provisions of this Act and such assessee shall be precluded from taking any objection in any proceeding or inquiry under this Act that the notice was- (a) not served upon him; or (b) n .....

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..... Assistant Commissioner of Income-Tax vs. Hotel Blue Moon reported in [2010] 321 ITR 362(SC), the Apex Court, while examining the question of requirement of issuance of notice under Section 143(2) of the Act in the context of the block assessment under Section 158BC of the Act, held that even in block assessment cases if the assessment is to be completed under Section143(2) of the Act read with Section 158BC, notice under Section143(2) should be issued within one year from the date of filing of the block return. It was also held that the omission on the part of the Assessing authority to issue notice under Section 143(2) cannot be a procedural irregularity and the same is not curable and that, therefore, requirement of notice under Section 1 .....

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