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2009 (3) TMI 156 - HC - Income TaxAssessment u/s 158BC versus 158BD – assessment against warrant or without warrant - Assessment 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-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-firm – ITAT maintained the order of CIT(A) – held that - This order of the Tribunal is patently wrong and unsustainable because the very same Bench in the subsequent order issued in the name of the partner held that warrant was in the name of the firm and not against the partner – matter remanded
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