2014 (10) TMI 359

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....- -<br>Income Tax<br>N Kumar & Rathnakala, JJ. For the Appellant : Sri A Shankar and Sri M Lava, Advs. For the Respondent : Sri Jeevan J Neeralgi, Adv. JUDGEMENT Per: N Kumar: The revenue has preferred the appeals in ITA Nos.171/2008 and 172/2008 challenging the order of the Tribunal granting relief to the assessee on merits. Whereas, the assessee has preferred appeal Nos.359-360/2014 challen....

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....ness premises of the assessee on 14.11.1996. In pursuance of a search, warrant was issued by the competent authority. The search was also continued on 15.11.1996, 16.11.1996, and 27.11.1996. Prohibitory order came to be passed on 14.11.1996. The documents, which were kept in almirah in the course of search dated 14.11.1996, 15.11.1996, 16.11.1996 and 27.11.1996 were seized. Again on 13.01.1997, th....

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.....01.1998 is well within time. However, the assessee contends that the search was conducted on 14.11.1996 in pursuance of an authorization and a mahazar was drawn. Hence, the period of one year is to be computed from 14.11.1996 as for the subsequent search and seizure, there was no authorization at all. The said orders were passed by the authorities relying on the judgment of a Special Bench of the....

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....996, the block assessment orders should have been passed on or before 30.11.1997. Whereas the block assessment order is passed on 29.01.1998 which is clearly barred by law of limitation. Therefore the block assessment order passed is liable to be set aside. In view of the fact that the block assessment order is held to be barred by limitation, question of going into merits of the said order does n....