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2011 (7) TMI 797 - ITAT, CHENNAIBlock Assessment - Validity of Search and seizure - Time limitation - held that:- Though we have found that there are two warrants of authorization and consequently there should be two assessments, we are of the view that this is only a technical hitch which could be rectified insofar as the issues could be sent back to the Assessing Officer for passing two separate assessment orders. However, we are not doing so in the present case as the limitation for passing the assessment orders itself expired on 31-12-2001 and after 11 years sending it back would in no way help insofar as the limitation would continue to operate against the assessment order that could be passed afresh. Action u/s 132(3) can be resorted to only if there is any practical difficulty in seizing the item which is required to be seized. In the present case, it has been categorically found that there was no practical difficulty in seizing the items which are liable to be seized and which themselves had been specifically identified when the Prohibitory Order was imposed on 09- 12-1999. The cross objection filed by the assessee on the technical grounds stands allowed insofar as (i) what has been found in the course of survey cannot be included in the block assessment and (ii) the assessment order dated 28-03-2002 is barred by limitation. As we have quashed the assessment order as barred by limitation, we are not going into the merits of each of the additions. - Decided in favor of assessee.
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