Section 158BC Notice giving insufficient time to file return in invalid

Nonetheless, while block assessment is to be made, the Assessing Officer is having knowledge about the statutory provision and while issuing notice he should have mentioned in it about his source of power and should have referred to time which is required to be given for the purpose of filing of return under section 158BC of the Act. The words mentioned in the notice are `within fifteen days’ whereas the provision mandates the time of “not less than fifteen days”. In view of the decisions of the Supreme Court referred more particularly New India Industries Ltd. (supra), we are of the op...