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2014 (2) TMI 903 - HC - Income TaxSearch conducted u/s 132 of the Act - Warrant issued in the name of the assessee - Whether there was a search in the premises of the assessee and the search warrant was made in the name of the assessee – Held that:- The assessment was made consequent on the seizure of materials in the course of search operation under Section 132 of the Act - The search operation resulted in seizure of various documents pertaining to the assessee's transactions too - the assessee is clear in his understanding of the provisions, under which the block assessment was made and was quite aware of the fact that the assessment under Chapter XIVB was as a result of seizure of materials in the course of search operation in the premises where the assessee lived along with two other persons on whom the search warrant was issued – thus, there is no justifiable ground to accept the plea of the assessee that the assessment made is bad in law. Jurisdiction for block assessment u/s 158BC of the Act – Held that:- The procedure given u/s 158BC is the only procedure given under Chapter XIV-B for making block assessment, the reference to Section 143(3) notice read with proceedings under Section 158BC does not make the assessment as the one not falling under Section 158BD – thus, as per the procedure laid down u/s 158BC there is no confusion in the mind of the Officer as to the provision it is proceeded against nor in the mind of the assessee that the assessment was made consequent on the seizure of materials in the course of search operation in the premises – the Tribunal had already remitted the matter back to the AO – thus, the AO id directed to expedite the matter without any further delay – Decided against Assessee.
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