2014 (10) TMI 359

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....O.7 OF 2010, ITA No. 172 of 2008 - -<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 h....

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....nducted under Section 132 of the Act in the business 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....

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....hat date. If so computed, the order passed on 29.01.1998 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 r....

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.... the two consecutive dates and it ended on 16.11.1996, 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, ques....