2014 (9) TMI 15

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....nsed with. However, liberty is granted to the parties to file documents/papers, which were filed before the Tribunal or were part of the assessment records as per the Delhi High Court Rules. 3. Learned counsel for the respondent-assessee submits that another substantial question of law should be framed on whether proceedings under Section 158BD were validly initiated or were bad in law for failure of the Assessing Officer of the person search to record satisfaction? He submits that this is a jurisdictional issue which can be raised at any time. He states that the respondent-assessee has filed ITA 1112/2007 with an application for condonation of delay of 1122 days, but the said appeal and application for condonation of delay were disposed....

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...., held that whether question of limitation was raised or not, the forum had to consider and decide whether the proceedings were instituted within limitation. Importantly, it was observed that there should not be any dispute on facts. In Varas International P. Ltd. (supra), the Supreme Court held that a party should not shut out on what was a pure question of law from consideration. In the facts of the present case, it is noticeable that the respondent-assessee during the course of appellate proceedings before the Tribunal had not challenged satisfaction or rather had given up challenge to validity of proceedings under Section 158 BD of the Act. This factum is recorded in paragraph 3 of the impugned order passed by the Tribunal that the vali....

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....stated or indicated that the assessee would be entitled to challenge initiation or validity of proceedings under Section 158 BD of the Act. 8. Submission of the learned counsel for the respondent-assessee relying on order dated 3rd October, 2012 and subsequent order dated 13th September, 2013 is misconceived. In the present case, the block assessment proceedings were initiated by issue of notice under Section 158BD on 31st May, 1996. Today, after a lapse and delay of 16 years, it would not be possible for the Revenue to locate complete records, papers and file notings therein. Allowing the respondent-assessee to raise the said plea after a lapse of more than 16 years and that too when specifically such plea was given up at the time of he....