2013 (8) TMI 190

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....at pursuant to earlier notice dated 29.10.2001, the petitioner had to file return of income for the block period in question. 2. The brief facts leading to the petition are as under: 2.1 The petitioner is an individual and is liable to pay tax. The husband of the petitioner was subjected to search operation on 21.10.1999. During the course of block assessment proceedings, pursuant to such search in case of husband of the petitioner, the Assessing Officer appears to have collected certain materials prima facie, suggesting that the certain income/investments made belongs to the petitioner and not the person searched i.e. her husband. A notice under Section 158BD came to be issued to the petitioner on 29.10.2001 calling upon the petition....

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....itted that the description of the petitioner was inaccurate. The notice was issued in a printed format. 4. On the other hand, learned counsel Mr. M.M. Bhatt for the respondents sought to place reliance on undated note recorded by the Assessing Officer of the searched person in which, a reference was made to various aspects indicating that undisclosed income belonging to the petitioner was unearthed during the search operation concerning the husband of the petitioner. He submitted that such note should be treated as satisfaction of the Assessing Officer as required under Section 158BD of the Act. 4.1 Counsel further contended that notice issued cannot be labelled as belated. He relied on certain observations made in the case of Khandub....

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....came in existence only on 31.10.2001. On 29.10.2001, when notice under Section 158BD was issued against the petitioner, above mentioned note was not in existence. 6. To support the notice under Section 158BD, revenue, therefore, cannot place any reliance on the above referred note. Apart from our prima facie view that such note also cannot be seen as any recording of the satisfaction as envisaged under Section 158BD of the Act, such note not being in existence when the notice was issued, cannot form the basis for sustaining the notice under Section 158BD of the Act. 7. Previously when the petition was heard, we inquired with the counsel for the revenue, if in addition to material already produced before us including the said note, the....