2012 (2) TMI 716

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....ssee by : Shri J.Stanly Hebson Singh Advocate Department by : Shri Ashok Kumar, C.I.T. CR O R D E R PER GEORGE MATHAN JUDICIAL MEMBER: This appeal is filed by the assessee against the order of Commissioner of Income Tax(A),Salem in appeal No.52/07-08 dated 20.01.2009 for the block period 01.04.1996 to 12.12.2002. Shri J.Stanly Hebson Singh, advocate, represented on behalf of the assess....

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....ission that on the basis of the said document the income from the sand quarrying business was assessed in the hands of the assessee. It was the submission that as the search in the case of Shri R.Ganesan had taken place on 12.12.02, the assessment in the case of Shri R.Ganesan was completed on 31.01.05. It was the submission that the notice u/s.158BD was issued on 17.02.05, which was beyond two ye....

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....8BD. 3. We have considered the rival submissions. Perusal of the order of block assessment of Shri R.Ganesan, an individual, shows that on the basis of the same evidences being CGKN/B&D/S-1 & 2 an addition representing the earnings from sand quarry business has been assessed there. Perusal of the assessment order of the present assessee's case shows that u/s.158BD the same evidence has been use....

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....BD on the assessee in the status of AOP, especially when the assessment in the case of Shri Ganesan has already been framed making the addition. On this ground alone, in view of the decision of the Hon'ble Supreme Court in the case of Manish Maheshwari, the notice issued u/s.158BD would be liable to be held invalid and we do so. Even taking the submissions made by the Ld.A.R. that the notice u/s.1....