2001 (8) TMI 25

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....br>Judge(s)  : R. JAYASIMHA BABU., C. NAGAPPAN. JUDGMENT The judgment of the court was delivered by R. JAYASIMHA BABU J.-We have heard learned counsel for the assessee at considerable length. But we are not persuaded to hold that the order made by the Tribunal, directing remand of the matter to the Assessing Officer calls for any interference. Admittedly, the search was conducted ....

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....o the purpose for which the notice was issued or the source of the authority of the officer issuing the notice. In fact, in response to the notices returns were filed by all of them. Absence of mention of the provision in the notice was, therefore, not a circumstance which could be said to vitiate the ultimate order. The fact that notice was issued to the eight firms and to the wife of Lakshman....

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....r, to whom the records of the persons against whom notices had been issued, had been transferred, were perfectly valid and the application of the provisions of Chapter XIV-B was equally valid in their cases as well. Learned counsel next contended that the ultimate order of the Tribunal remanding the case to the Assessing Officer has the effect of stretching the period of limitation prescribed u....

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....ommissioner is under a duty to issue notice to the assessee before approving the order proposed to be made by the Assessing Officer. We have already rejected a similar argument advanced before us at the instance of another assessee in Lakshmi Jewellary v. Deputy CIT [2001] 252 ITR 712 (Mad) (T.C. No. 408 of 2000). Section 158BG nowhere provides for the issuance of such a notice to the assessee by ....