The Tax Publishers2020 TaxPub(DT) 4669 (Hyd-Trib)

INCOME TAX ACT, 1961

Section 158BC

Where notice under section 158BC was held to be invalid by the Tribunal, all consequential proceedings also will become invalid and therefore, income returned by assessee in response to notice under section 158BC could not be brought to tax.

Search and seizure - Block assessment - Validity - Notice issued under section 158BC, whether invalid

A search and seizure operation was carried on business premises of assessee consequent to which, a notice under section 158BC was issued and return of income was filed by assessee. Assesssee claimed that AO grievously erred in assuming that the return filed was in response to the notice under section 158BC, whereas it was out of time and the notice issued calling for the return was also held as infirm by Tribunal. Therefore, income returned by it in response to notice under section 158BC could not be brought to tax. Held: The notice under section 158BC had been held to be invalid by the Tribunal. AO got the jurisdiction over the assessee only by issuance of the notice under section 158BC, and since such notice had been held to be invalid, all consequential proceedings also will become invalid.

REFERRED :

FAVOUR : In favour of assessee.

A.Y. :



IN THE ITAT, HYDERABAD BENCH

SUBSCRIBE TaxPublishers.inSUBSCRIBE FOR FULL CONTENT

TaxPublishers.in

'Kedarnath', 7, Avadh Vihar, Near Nirali Dhani,

Chopasni Road

Jodhpur - 342 008 (Rajasthan) INDIA

Phones : 9785602619 (11 am - 5 pm)

E-Mail : mail@taxpublishers.in / mail.taxpublishers@gmail.com