2010 (4) TMI 265

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....p;                        Mr.Salil Kapoor, Advocate for the appellant Ms. N.P.K.Singh, Advocate for the respondent revenue M.M.KUMAR, J. This order shall dispose of two appeals bearing ITA No.291 of 2007 and 372 of 2009 as the issue raised in both the appeals is common. Fo....

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....ior to initiation of search? II) Whether in facts and circumstances of the case, the ITAT was correct in law in holding that the proviso to Section 143(2) did not apply to the Block Assessment framed under Section 158 BC of the Income Tax Act." The assessee-appellant has filed an application asserting that question No. II is now covered by a judgement of Hon'ble the Supreme Court rendered in....

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....t question No. II has been answered by Hon'ble the Supreme Court in favour of the assessee in the case of M/s Blue Moon (supra) and in view thereof question No. I has been rendered academic. According to the learned counsel once the period of limitation provided by Section 143(2) of the Act is applicable to the block assessment then the instant appeal has to be allowed and the order of the Tribuna....