« From the Courts » Open DEMAT Account in 24 hrs  Karnataka High Court restrains Bengaluru-based Institute of Chartered Tax Practitioners India from enrolling candidates for its courses  Attachment on Cash Credit of Assessee under GST Act: Delhi HC directs Bank to Comply Instructions to Vacate  Income Tax Addition Made Towards Unsubstantiated Share Capital Is Eligible For Section 80-IC Deduction: Delhi High Court  Inordinate delay in income tax appeal hearings  Income Tax leviable on Tuition Fee in the Year of Rendering of Services: ITAT  Supreme Court invoked its power under Article 142 of Constitution to validate notices issued under section 148 as notices issued under section 148A. However the same shall be subject to amended provisions of section 149.  ITAT refuses to stay tax demand on former owner of Raw Pressery brand  Bombay HC sets aside rejection of refund claims by GST authorities  [Income Tax Act] Faceless Assessment Scheme does not take away right to personal hearing: Delhi High Court  Rajasthan High Court directs GST Authority to Unblock Input Tax Credit availed in Electronic Credit Ledger  Sebi-taxman fight over service tax dues reaches Supreme Court «  Block Assessment u/s 158BD... The cost of the original asset... » Issue of statutory notice u/s 143(2) mandatory in block assessment March, 26th 2007 The Guwahati High Court has delivered a judgement in the case of Smt. Bandana Gogoi vs CIT & Anr 289 ITR 28 (Guwahati) where it has been held that any block assessment under Chapter XIVB without issue of statutory notice under Section 143(2) shall be bad in the eye of law as the same suffers from both procedural and jurisdictional error. Thus, the judgement of the Special Bench of the ITAT in the case of Nawal Kishore and Sons vs DCIT 87 ITD 407 whereby it was held that notice under Section 143(2) is only a procedural requirement and will not invalidate the block asstt. stands overruled. It is suggested that where any block assessment has been completed without issue of notice under Section 143(2) after filing return for the block period, this legal issue can be taken up in the appeal proceedings. This being a legal issue the same can be raised at any stage of the appeal even by filing additional grounds of appeal if not already taken up in the appeal memo.