« From the Courts » Open DEMAT Account in 24 hrs  Income Tax Addition Made Towards Unsubstantiated Share Capital Is Eligible For Section 80-IC Deduction: Delhi High Court «  A sale-cum-lease back transaction with APSEB cannot be... SC: Tax tribunal must rectify mistake if it causes harm to... » The issue of notice under s. 143 (2) is mandatory for block assessment proceedings December, 05th 2007 ACIT vs. Aurangabad Holiday Resorts (ITAT Pune) (i) The issue of notice under s. 143 (2) is mandatory for block assessment proceedings. If notice u/s 143 (2) is not issued, the assessment order passed u/s 158BC is not valid. (ii) Where there is a conflict between the Special Bench of the ITAT and a non-jurisdictional High Court, the High Court decision has to be followed. Godavari Devi Saraf 119 ITR 589 (Bom) reconciled with Thana Electricity 206 ITR 727 (Bom) and followed. (iii) Where the appeal is decided on a preliminary issue, not necessary to decide the other issues in the appeal. Note: The Tribunal followed the decision of the Gauhati High Court in Bandana Gogoi vs. CIT 289 ITR 28 (Gau) instead of the ITAT Lucknow Special Bench in Naval Kishore vs. DCIT 87 ITD 407. See also:Atul Glass Industries vs. DCIT (ITAT Delhi), Vin Vish Corporation vs. ACIT (ITAT Mumbai) & Tulika Mishra vs. JCIT (ITAT Delhi).