2018 (2) TMI 1372

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....on 158 BC(c) and Section 143(3) of the Income Tax 1961. The challenge to the impugned proceedings are broadly on the following grounds : (1) The notice issued to the petitioner dated 11.10.2000 was issued under Section 158 BC of the Act. The period of limitation for completion of block assessment under Section 158 BC is in terms of Section 158 BE (1) (b) which states that it should be within two years from the end of the month in which the last of the authorization for search under Section 132 or for requisition under Section 132 (A), as the case may be was executed in case where a search is indicated was books of accounts or other documents or any assets or requisition on or after 01.01.1997. It is submitted that the impugned assessment ....

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....under Section 158BD would apply and the provision of Section 158BC has no application to the case. (5) The above contentions have been raised by the petitioner without prejudice to the other factual contention i.e., is by accepting that there was a valid warrant of search issued in favour of the petitioner. (5.1) In alternate to the above submission, the learned counsel for the petitioner challenged the very jurisdiction of the 1st respondent on the ground that there was no authorization for conducting a search on the petitioner. Though this appears to be a factually contrary stand taken by the Assessee especially, in the light of the three contention stated above, this is one more submission made by the learned counsel for the petitio....

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.... (8.3) Referring to paragraph no.13 of the counter affidavit, it is submitted that once Section 158BD is invoked, the only notice to be issued would be under Section 158BC (a) and not under any other section. (8.4) The assessee was fully aware of all the facts and voluntary statement was recorded from the assessee which is part of the records and the impugned assessment is proper and if the petitioner is aggrieved, they should file an appeal before the Income Tax Appellate Tribunal. 9. After having carefully considered the above submissions of the learned counsel on either side and I am unable to pursuade myself to entertain the writ petition on the grounds canvassed by the petitioner not on the merits but on the ground of existence o....

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....present writ petition had been filed. Admittedly, the petitioner did not raise any additional ground in this regard. However, I do not wish to foreclose the rights of the petitioner, since the petitioner is permitted to canvass all points before the Tribunal. In the decision relied on by the Revenue in the case of Kailash Sarda V. CIT reported in [2014] 363 ITR 36 (Madras) it was pointed out that the fact that the assessment is made based on the materials seized in the course of the search operation of two other persons, does not mean that the assessment is not under section 158BD of the Income Tax Act. As pointed out earlier, since the procedure given under Section 158BC is the only procedure given under Chapter XIV-B for making block asse....