Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2011 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (3) TMI 166 - HC - Income TaxBlock assessment - Search and seizure - The combined appreciation of section 158BE and explanation 2(a) would lead to an irresistible conclusion that the warrant is deemed to be executed on the conclusion of search as recorded in the last panchanama - It is definitely recorded in the panchanamas that search in respect of both residential and business premises is finally concluded on 17.06.2003 and 14.06.2003 - the search is finally concluded on 17.06.2003 and 14.06.2003 respectively, the respondents cannot be permitted to introduce a new theory as if the search held on 28.08.2003 is in continuation of the earlier search initiated on 26.03.2003 - Prohibitory Order passed under section 132(3) shall be in force for 60 days and any search and seizure by lifting Prohibitory Order after 60 days does not amount to actual search and seizure - The legal and factual aspects involved herein as discussed above will only establish that the impugned block assessment order dated 30.06.2005 is barred by limitation and is without jurisdiction and cannot be enforced against the assessee and the assessee is entitled to get the reliefs as sought for herein - Decided in the favour of the assessee
|