- (1.) WE have heard Shri H.R. Misra, senior advocate assisted by Shri R.S. Agarwal for the appellant- assessee. Shri Bharat ji Agrawal, senior advocate assisted by Shri A.N. Mahajan, appears for the CIT.
(2.) THIS income-tax appeal has been preferred by the Revenue on the following questions of law : "(iii) Whether, the Tribunal was legally correct in holding that in view of the phraseology 'so far as may be' as appearing in S. 158BC(b), the applicability of S. 143(2) as a whole, to the block assessment proceedings, was optional at the end of the AO and non-issuance (by the AO) and non-service (on the assessee) of such a notice does not affect the validity of block assessment order ? (iv) Whether, the Tribunal was legally correct in holding that the Circular No. 717 dt. 14th Aug., 1995 as issued by the CBDT, whereby issuance and service of notice under S. 143(2) on the assessee has been made absolute, was wholly redundant having no bearing on the applicability of the said provision on the block assessment ?" Shri H.R. Misra, senior advocate appearing for the assessee states that the case is covered by the judgment in Asstt. CIT vs. Hotel Blue Moon (2010) 229 CTR (SC) 219 : (2010) 35 DTR (SC) 1 : (2010) 321 ITR 362 (SC).
(3.) WE have gone through the judgment in Hotel Blue Moon (supra) and S. 292BB as inserted in the IT Act by the Finance Act, 2008 and do not find that the consideration of S. 292BB would have made any difference to the reasoning and the conclusions in the judgment.;