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(iii) Vinod Kumar and Ors. v. Asstt. CIT IT(SS)A Nos. 1 to 5/Agra/2003 reported at (2005) 98 TTJ (Agra) 769Ed.;

(iv) N.K. Parwanda v. Dy. CIT IT(SS)A No. 129/Del/2003 reported at (2004) 89 TTJ (Del) 95Ed. subsequently confirmed by Hon'ble Delhi High Court in IT Appeal No. 411 of 2004.

21. Elaborate arguments were raised by the learned Authorised Representative for the assessee that the notice issued under Section 158BC of the IT Act is without jurisdiction as the AO had directed the assessee to furnish the return of undisclosed income within a period of 15 days, which is contrary to law effecting the foundation of assessment itself. In other words, it was pointed out that in the absence of foundation, no superstructure can be provided. Specific reliance was placed on the decision of N.K. Parwanda v. Dy. CIT (supra), in the facts of which the notice under Section 158BC was never served upon the assessee and it was claimed that the assessment is null and void since service of notice under Section 158BC of the IT Act is a. condition precedent for assuming the jurisdiction to assess the undisclosed income under the provisions of Chapter XIV-B. The Delhi Tribunal in N.K. Parwanda's case (supra) after considering the provisions under Chapter XIV-B held that "Section 158BA provides that in such cases the AO shall proceed to assess the undisclosed income in accordance with the provisions of this chapter. Section 158BC lays down the procedure for making the block assessment. Clause (a) of this section provides that AO shall serve a notice to the assessee requiring him to furnish within such time not being less than 15 days but not more than 45 days, as may be specified in the notice, a return in the prescribed form and verified in the same manner as a return under Clause (i) of Sub-section (1) of Section 142 setting forth his total income including the undisclosed income for the block period. Clause (b) provides that AO shall proceed to determine the undisclosed income in the manner laid down in Section 158BB. This clearly reveals that service of notice under Section 158BC, Clause (b) is a condition precedent for proceeding to assess the undisclosed income. Therefore, it affects the jurisdiction of the AO. Consequently in our opinion, if the assessment is made without serving of such notice then such assessment would be without jurisdiction and null and void."

22. Before concluding, the Tribunal also held that the provisions of Section 292B have no application to the facts of that case as the notice issued was not valid. The provisions of Section 292B of the Act only provide that if there is any mistake, defect or omission in notice then it shall not be invalid on that account. Accordingly, in N.K. Parwanda's case (supra), it is held that the notice issued was valid but the service of notice was questioned and as the same was not served on the assessee, the proceedings were quashed. The learned Authorised Representative brought to our notice that this has been confirmed by the Hon'ble Delhi High Court in ITA No. 411 of 2004.