Case Law Details
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 opinion, fifteen days means, clear fifteen days which is the requirement under law. In that view of the matter, we are of the view that the notice which was issued by the authority asking the assessee to file the return within fifteen days is not in accordance with the provisions of the Income-tax Act and therefore it is invalid.
RELEVANT EXTRACT OF THE HIGH COURT JUDGMENT
1. By way of this appeal, the appellant has challenged the judgment and order of the Tribunal whereby the Tribunal has partly allowed the appeal of the assessee and remanded the matter back to the Assessing Officer.
2. This Court while admitting the appeal on 04.12.2009 had framed the following substantial questions of law:
“(i) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in sustaining validity of notice dated 10.12.1998 under section 158BC of the Act, and assessment order passed by the Assessing Officer dated 28.01.2000 irrespective of the fact that a notice under Section 158BC of the Act, does not fulfill requirement of the law, wherein time granted by the Assessing Officer was within 15 days for filing of the return from the service of the notice and not allowed minimum 15 days time as required by the law?
Please become a Premium member. If you are already a Premium member, login here to access the full content.
