TMI Blog2002 (9) TMI 416X X X X Extracts X X X X X X X X Extracts X X X X ..... is directed against the order of learned Commissioner of Income-tax (Appeals), Rajasthan II, Jaipur for the block period 1-4-1986 to 6-2-1997. 2. Vide order dated 23-7-1992, the following additional ground of the assessee was admitted : "The impugned order under section 158BC is bad in law and on the facts being not covered by the provisions of Chapter XIVB and hence may kindly be quashed." ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as also placed reliance on the various decisions as listed in the written submissions, as under : 1.Urmila Loomba v. ACIT 25 TW 322 (Jp.) 2.Narendra Kumar Jain v. ACIT 75 ITD 183 (Luck.) 3.Verma Roadways v. ACIT [2000] 75 ITD 183 (All.) 4.Indore Construction Pvt. Ltd. v. ACIT [1999] 71 ITD 128 (Ind.) 5.Urmila Chandak v. ACIT 60 [1998] TTJ (Mad.) 758 4. On the other hand, the learned D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed upon. The revenue has admitted that there has been no warrant in the name of the appellant. No material has been produced before us to show that the search has been conducted in the case of the appellant nor there was any material in the possession of the revenue to show that the books of account, other documents or assets have been requisitioned under section 132A of the Act, in the case of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erusal of facts are found satisfied in this case. Accordingly, no notice could have been issued legally for completion of assessment under section 158BC read with section 143(3). We, therefore, quash the notice so issued and hold that the assessment so made is bad in law and accordingly stands annulled. As the assessment stands annulled, we do not consider it necessary to advert upon the other gro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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