TMI Blog2016 (5) TMI 1272X X X X Extracts X X X X X X X X Extracts X X X X ..... nuary 15, 1999 itself. It is not within the power of the revenue to keep a matter pending for as long as they desire. The object is to dispose of the proceedings as expeditiously as possible. In this case, almost two years after January 15, 1999, the officers of the revenue called at the house of the assessee for the purpose of recording that the search was at an end. Question may be raised, could ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . S. B. Saraf, Adv. Appears. For the Respondent : Mr. J.P. Khaitan, Sr. Adv., appears with Mr. Bhowmik, Adv. ORDER The Court : The subject matter of challenge in the appeal is a judgment and order dated March 23, 2007, by which the learned Income Tax Appellate Tribunal, D Bench, Kolkata, allowed the I.T.(S.S)A. No.158/Kol/2004, preferred by the assessee. The aggrieved revenue has c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e period of two years after conclusion of the search? Even assuming that the question now suggested by Mr. Saraf is the real question which arises for consideration, the same does not appear to have any substance for the following reasons: (a) Admittedly, the search was undertaken on October 15, 1998. (b) Admittedly, the restraint order was issued also on October 15, 1998 which was val ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was not extended after January 15, 1999 is a pointer to show that the search was at an end on January 15, 1999 itself. It is not within the power of the revenue to keep a matter pending for as long as they desire. The object is to dispose of the proceedings as expeditiously as possible. In this case, almost two years after January 15, 1999, the officers of the revenue called at the house of the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e to an end on that date. But the facts of this case are altogether different. Here, the restraint order was not extended after a period of three months. That means, the search was also abandoned. Therefore, the search came to an end. The search did not stand revived when the officers called at the house of the assessee merely for the purpose of recording that the search was at an end. We, t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
