1998 (6) TMI 51

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....ed before the Income-tax Appellate Tribunal and stating that the Commissioner of Income-tax was not competent. The original petition is filed against these orders. It is seen from the exhibits that in the course of completion of the block assessment, a proposal was issued to the assessee to fix the cost of construction of a building at Rs. 18 lakhs and to tax the proportionate share of the difference as the undisclosed investment made by the assessee. In his reply dated April 16, 1997, the assessee requested to refer the matter to the valuation cell. Accordingly, the matter was referred to the executive engineer. As the report could not be obtained before the completion of the block assessment which was getting time barred on April 30, 1....

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....in my view, that the proceedings were initiated under section 132 against the petitioner on April 30, 1996. Therefore, the jurisdiction over orders under section 158BC passed in respect of searches before that date should go to the Tribunal in the light of section 253(1)(b) of the Income-tax Act, 1961. Section 158BC is as follows : "158BC. Where any search has been conducted under section 132 or books of account, other documents or assets are requisitioned under section 132A, in the case of any person, then,---- (a) the Assessing Officer shall (i) in respect of search initiated or books of account or other documents or any assets requisitioned after the 30th day of June, 1995, but before the 1st day of January, 1997, serve a notice....