Search-assessment proviso jurisdiction, time-barred valuation reports, and denial of cross-examination vitiate valuation-based and confession-based ad...
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Proceedings initiated by issuance of notice under s.153C were held not maintainable because the assessee's own premises had been searched, making him a "searched person" and not an "other person" within the scope of s.153C; consequently, the notice and consequential proceedings were quashed. Independently, the assessment order was held time-barred since, despite bearing the last permissible date and reflecting DIN generation on that date, the order did not leave the department's control and was actually booked/dispatched after the limitation date, so it could not be treated as passed within time; accordingly, the assessment order was set aside and the writ was allowed. - HC
Proceedings initiated by issuance of notice under s.153C were held not maintainable because the assessee's own premises had been searched, making him a "searched person" and not an "other person" within the scope of s.153C; consequently, the notice and consequential proceedings were quashed. Independently, the assessment order was held time-barred since, despite bearing the last permissible date and reflecting DIN generation on that date, the order did not leave the department's control and was actually booked/dispatched after the limitation date, so it could not be treated as passed within time; accordingly, the assessment order was set aside and the writ was allowed. - HC
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