TMI Blog2006 (1) TMI 187X X X X Extracts X X X X X X X X Extracts X X X X ..... d the cross-objections are by the assessee. They arise out of the block assessment made on the assessee pursuant to the search carried out in his premises under s. 132 of the IT Act on 23rd June, 1999. 2. At the very outset, the learned counsel for the assessee raised an additional ground to the following effect: "1. That on facts and circumstances of the case and in law the block assessment o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 30th June, 2001 and since the AO has passed the order only on 31st Aug., 2001 it is the beyond the period of limitation and hence void in law. It has further been stated that since no surcharge is leviable in respect of the block assessment made pursuant to a search carried out on or before 31st May, 2002, the levy of surcharge is invalid. It is prayed that the additional grounds raise purely le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... drew our attention to p. 36 of the paper book filed by the assessee, which is the copy of the block return filed by the assessee and pointed out that the assessee, which is a company, has itself stated that the date of execution of the last search warrant was 24th Aug., 1999 and if that is the correct position, then the assessment completed on 31st Aug., 2001 was within the period of limitation p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that date was in respect of a locker in the name of the director. 5. On a careful consideration of the above, we are of the view that the block assessment was completed beyond the period of limitation and hence invalid. There is no search in the case of the assessee-company on 24th Aug., 1999. The search which took place on that date was in the case of Anil Verma, director of the company, in re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its case was concluded. The assessee cannot therefore be estopped from taking up a contention which is in conformity with the record. 7. In the view we have taken, there is no need to examine the other grounds taken by the assessee in the cross-objections, including the additional ground taken against the levy of surcharge, nor the grounds taken by the Department in its appeal. 8. The appeal f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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