COMMISSIONER OF INCOME TAX Vs. NIRANJAN LAL VERMA

JUDGEMENT

(1.) THIS order will dispose of IT Appeal Nos. 193 of 2008, 194 of 2008, 240 of 2007, filed by the assessee and IT Appeal Nos. 511 of 2008, 512 of 2008, 524 of 2008 and 525 of 2008, filed by the Revenue, as common questions of law arise for consideration in all these appeals.

(2.) ON appeal of the assessee, some relief was given, against which the Revenue filed further appeal before the Tribunal. The assessee filed appeal to the extent that he was not given relief by the CIT(A). During the course of hearing 2006, on the question whether in absence of 15 days' notice to the assessee, assessment under s. 158BC will be rendered void. Special Bench answered the reference against the assessee. Special Bench held that defect in complying with the procedure of giving 15 days' clear notice was curable. The AO was directed to issue fresh notice under s. 158BC and thereafter proceed in accordance with law. The assessment proceedings were quashed.

(3.) LEARNED counsel for the Revenue submits that view taken by the Tribunal was erroneous as even in the absence of notice of 15 days, the proceedings could be sustained as there was no prejudice to the assessee.