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2016 (5) TMI 1272

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....Adv., appears with Mr. Bhowmik, Adv. ORDER The Court : The subject matter of challenge in the appeal is a judgment and order dated March 23, 2007, by which the learned Income Tax Appellate Tribunal, "D" Bench, Kolkata, allowed the I.T.(S.S)A. No.158/Kol/2004, preferred by the assessee. The aggrieved revenue has come up in appeal. The following question of law was formulated at the time wh....

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....that the question now suggested by Mr. Saraf is the real question which arises for consideration, the same does not appear to have any substance for the following reasons: (a) Admittedly, the search was undertaken on October 15, 1998. (b) Admittedly, the restraint order was issued also on October 15, 1998 which was valid for a period of sixty days. (c) The restraint orde....

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....99 is a pointer to show that the search was at an end on January 15, 1999 itself. It is not within the power of the revenue to keep a matter pending for as long as they desire. The object is to dispose of the proceedings as expeditiously as possible. In this case, almost two years after January 15, 1999, the officers of the revenue called at the house of the assessee for the purpose of recording t....