TMI Blog2009 (3) TMI 156X X X X Extracts X X X X X X X X Extracts X X X X ..... survey in the business premises of the assessee on the same day. In first appeal, the assessee contested the validity of the assessment under section 158BC and the additions on the merits. The Commissioner of Income-tax (Appeals) allowed the appeal by holding that the assessment should have been made under section 158BD as the search was not pursuant to warrant issued in the name of the assessee- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssment was one completed under section 158BC of the Income-tax Act, 1961, after search conducted in the residential premises of the partner of the assessee-firm and after conducting survey in the business premises of the assessee on the same day. In first appeal, the assessee contested the validity of the assessment under section 158BC and the additions on the merits. The Commissioner of Income-ta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n appeal filed by the managing partner of the assessee-firm wherein an exactly opposite finding is rendered by the Tribunal for allowing that appeal. In fact, the specific finding of the Tribunal is that warrant was issued for search in the name of the firm Messrs. Swiss Time and Electronics, Ernakulam, which is the assessee, the assessment of which is involved in these two appeals. The finding of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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