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2015 (2) TMI 679 - KERALA HIGH COURTBlock assessment - Scope and effect of sections 158BC and 158BD - Held that:- The Supreme Court in Asst. CIT v. Hotel Blue Moon [2010 (2) TMI 1 - SUPREME COURT OF INDIA] clearly specifies that section 158BC prescribes the procedure for making block assessment of the searched person and section 158BD enables assessment of any person, other than the searched person. In this case, we have no hesitation to hold that searched person is M/s. Harbour Syndicate and, therefore, as far as M/s. Harbour Syndicate is concerned, the Assessing Officer was justified in issuing notice under section 158BC and in respect of V. H. Yahiya, the Assessing Officer was justified in issuing notice under section 158BD. The question of law raised in this regard is answered in favour of the Revenue. In the light of the above discussion, we are of the view that the order of remittance by the Tribunal is justified though not for the reasons stated in the Tribunal's order. The Assessing Officer was justified in invoking sections 158BC and 158BD in the respective cases and, therefore, the matter requires to be considered on the merits by the Commissioner of Income- tax (Appeals). Having formed such an opinion, these appeals are liable to be dismissed and, accordingly, we dismiss the appeals.
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