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2014 (5) TMI 270 - AT - Income TaxAdmission of additional ground – Held that:- The objections should have been raised by the revenue at the time of admission of the additional ground - admission of additional ground has been upheld by the HC – thus, revenue cannot urge the objection at this point of time – Decided against Revenue. Assessment u/s 158BC after Initiation of search proceedings u/s 132 – Interpretation of section 292CC of the Act - Authorisation and assessment in case of search of requisition - Whether in the absence of names of the assessees on the warrant authorizing search can proceedings u/s. 158BC be initiated against them or not – Held that:- For making assessment u/s. 158BC of the Act, it is not necessary to issue authorization u/s. 132 or make requisition u/s. 132A separately in the name of each person - Authorization or requisition in the name of more than one person is permissible - names of these assessees are not appearing in the authorization/requisition, proceedings initiated u/s. 158BC of the Act against them are void ab-initio – Relying upon CIT v. Ms. Pushpa Rani [2004 (1) TMI 68 - DELHI High Court] - where no search warrant is issued in name of assessee proceedings initiated u/s. 158BC are ab-initio void and without jurisdiction – Decided in favour of Assessee.
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