TMI Blog2010 (8) TMI 708X X X X Extracts X X X X X X X X Extracts X X X X ..... the ground that there being no search warrant in the name of the assessee, the provisions of section 158BC of the Act were not attracted - Revenue challenges the finding recorded by the Tribunal as erroneous in law by submitting that the order under section 158BC was justified even in the absence of search warrants being in the name of the assessee – Held that:- satisfaction was recorded before co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AR GOEL, AJAY KUMAR MITTAL, JJ. Judgment: Adarsh Kumar Goel J.- 1. This order will dispose of I. T. A. Nos. 130 and 133 of 2005 as a common question of law is involved. The facts have been taken from I. T. A. No. 130 of 2005. 2. This appeal has been preferred by the Revenue under section 260A of the Income-tax Act, 1961 (for short, "the Act") against the order dated October 5, 200 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d, it was found that the assessee had made a deposit of Rs. 10 lakhs on March 20, 1995 in the bank account. The asses-see filed a return for the block period from April 1, 1985 to August 11, 1995 declaring nil income. On being confronted with the undisclosed deposit in the bank account, the karta of the assessee in his statement dated August 14, 1996 surrendered the amount for being taxed. Accordi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 41 (SC). 6. Learned counsel for the assessee relies upon the judgment of the Bom-bay High Court in CIT v. Tirupati Oil Corporation [2001] 248 ITR 194 (Bom) and the judgment of the Delhi High Court in CIT v. Ms. Pushpa Rani [2007] 289 ITR 328 (Delhi). 7. It is not disputed by learned counsel for the assessee that satisfaction in terms of section 158BD was duly recorded on September 14, 1995 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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