2008 (7) TMI 23

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....Mr P. N Monga with Mr Manu Monga   CORAM:- HON'BLE MR JUSTICE BADAR DURREZ AHMED HON?BLE MR JUSTICE RAJIV SHAKDHER   BADAR DURREZ AHMED, J (ORAL) 1.   This appeal has been preferred by the revenue against the order passed by the Income Tax Appellate Tribunal on 06.10.2004 in IT (SS) No.  278/Del./1997 in respect of the block period 01.04.1986 to 29.08.....

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....prescribed, admittedly, by the provisions of Section 158 BE (1) (a) of the Income Tax Act, 1961. The said section, inter alia, stipulates that the order under Section 158 BC shall be passed within one year from the end of the month in which the last authorization for search under Section 132 was executed.  Explanation 2 appended at the end of Section 158 BE reads as under:- "Explanation 2.....

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....ed to be the date on which the authorization would have been executed. 2.   In the present case there is only one panchnama and as recorded in the Tribunal's order the date and time of search and close of the search is clearly mentioned in paragraph 8 of the panchnama which was prepared on 30.08.1996. It was recorded that the search commenced on 29.08.1996 at 8.45 pm and closed at 30.....