1996 (9) TMI 51

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....or the block period involved in the search and seizure. Heard learned counsel for the petitioner and also standing counsel, N. R. K. Nair, for respondents Nos. 1 and 2. The crucial question involved in this writ petition is, whether the search and seizure conducted on February 23, 1996, is governed by the provisions contained in Chapter XIV-B which prescribe a special procedure for assessment of search cases. Section 158BA contained in the said Chapter deals with assessment of undisclosed income as a result of search. Sub-section (1) of the said section is as follows : " Notwithstanding anything contained in any other provisions of this Act, where after the 30th day of June, 1995, a search is initiated under section 132 or books of....

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....ear in which the search was conducted. "Block period" means the period of ten previous years preceding the previous year in which the search was conducted under section 132 or any requisition was made under section 132A. The search in this case was conducted during the previous year 1995-96. Therefore, the assessment year 1993-94 is one of the ten previous years contemplated in section 158B. In other words, in respect of the year 1993-94, the special procedure prescribed in Chapter XIV-B is applicable. Thus, the contention advanced on behalf of the Revenue cannot be countenanced. However, as an interim measure this court in C. M. P. No. 21095 of 1996 ordered that the assessment order shall be completed for the year 1993-94 and it shall b....