Law:

Section:

Section 292B of the Income-tax Act, 1961 - Return of income, etc., not to be invalid in certain cases - Block period 1989-90 to 1999-2000 - Whether where notice for filing return for block period issued under section 158BC(a) to assessee did not cause any prejudice to him, even if said notice suffered from only technical defects, it was protected under umbrella of section 292B - Held, yes Section 158BC, read with section 148, of the Income-tax Act, 1961 - Block assessment in search cases - Procedure for - Block period 1988-89 to 1999-2000 - Whether notice under section 158BC(a) only provides for procedure to be adopted for block assessment and it does not confer jurisdiction in favour of Assessing Officer to assess undisclosed income - Held, yes - Whether, therefore, notice under section 158BC(a) cannot be equated with notice under section 148 - Held, yes FACTS The assessee allegedly did not file his return for the block period in response to the notice dated 6-7-1998. The Assessing Officer again issued notice dated 17-9-1998 reminding assessee that he did not file return for the block period 1987-88 to 1997-98 in response to the notice dated 6-7-1998. The assessee denied the receipt of earlier notice and filed the return for the block period 1989-90 to 1999- 2000. The Assessing Officer passed an order under section 158BC. On appeal, the assessee challenged the validity of the assessment order contending that the same was passed without serving proper notice under section 158BC (a). He contended that notice dated 6-7-1998 was not issued under correct provision of Act and the block period 1987-88 to 1997-98 mentioned therein was erroneous. The Commissioner (Appeals), however upheld the impugned order. On second appeal, the Tribunal upheld the jurisdiction of the Assessing Officer and held that the notice dated 6-7-1998 as valid in law being under the umbrella of section 292B and further held that the said notice was factually served on the assessee. In appeal, the assessee, inter alia, contended that notice dated 6-7-1998 did not provide 15 days clear notice; that it was issued much before the conclusion of search which, according to him, lasted till 15-7-1998…

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