Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2017 (3) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (3) TMI 1267 - HC - Income TaxValid authorization for search - block assessment validity - Held that:- In the instant case, the Deputy Director of Income Tax (Investigation), New Delhi authorized the search in the case of the assessee on 14.10.1998 that is well after the amendment. We are, therefore, of the opinion that the Deputy Director of Income Tax (Investigation), New Delhi was competent to authorize the search on 14.10.1998 in view of the amendment made on 01.10.1998 by Finance No.(2) Act of 2009 with retrospective effect. In view of the above, the finding of the Tribunal is clearly based on misreading of the amendment and it cannot be sustained, it is set aside. Accordingly, the substantial questions of law raised in the memo of appeal are answered in favour of the revenue and against the assessee. Assessee, however, points out that the Tribunal has not adjudicated the issue on merits in the appeal filed by the assessee.The matter is remitted to the Tribunal to adjudicate the assessee's appeal on merits and in accordance with law as expeditiously, as possible.
|