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Learn MoreA voluntary organisation established on 6th July 1949, BCAS has presently more than 9,000 members from all over the country. BCAS is a principle-centered and learning-oriented organisation promoting quality service and excellence in the profession of Chartered Accountancy.
Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
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Pursuant
to a search, notice u/s.158BC was issued to the assessee on 27-7-1999.
After noticing that the warrant was not issued in the name of the
assessee, a fresh notice u/s.158BC r/w.s. 158BD was issued on the
assessee on 7-2-2001. The assessee filed the block return on 29-1-2003
admitting ‘nil’ undisclosed income. The assessment was made on
27-2-2003. The assessee claimed that the assessment is invalid being
made beyond the period of limitation of two years from the date of
issuance of notice on 27-7-1999. The CIT(A) and the Tribunal accepted
the assessee’s claim.
On appeal filed by the Revenue, the Madras High Court upheld the decision of the Tribunal and held as under:
“(i)
The assessee knew very well the purpose for which the notice was issued
on 27-7-1999. The warrant was not issued in the name of the assessee
was admitted. In the circumstances, notice issued u/s.158BC was in
accordance with the requirement of section 158BD.
(ii)
Non-mentioning of section 158BD would not ipso facto invalidate the
earlier notice. Therefore, the assessment made against the assessee was
beyond the period prescribed u/s. 158BE(2)(b).”