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2005 (7) TMI 42 - HC - Income TaxSearch – notices u/s 158BC - invoking of section 147 - Since we find no infirmity in the conduct of the search and that the assessee would fall within Chapter XIV-B notices issued under section 158BC are also valid. The learned single judge has taken the view that once the Division Bench sets aside exhibit P1 judgment there would not be any inhibition in proceeding under section 158BC. In cases where section 158BC proceedings are taken there is no scope for invoking section 147 of the Act in respect of the same matter. held that the search and seizure are valid and there is no illegality in the notices issued under section 158BC of the Act. Consequently as rightly held by the learned single judge there is no scope for invoking section 147 of the Act.
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