TMI Blog2007 (11) TMI 647X X X X Extracts X X X X X X X X Extracts X X X X ..... . Easwar (Vice President) In the appeal of Deepak Aggarwal, additional grounds have been raised by him which are as under : 6. On the facts-and circumstances of the case, the block assessment order passed is null and void and liable to be declared so as the same has been passed in consequence of a search authorised by the Joint Director of Income Tax who does not have the power to issue t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 2. The search under section 132 of the Act was conducted under warrant dated 31.10.2000. Accordingly, under section 158BE (1)(b), the block assessment under section 158BC ought to have been completed on or before 31.10.2002. However, it was completed only on 27.12.2002. The stand of the department is that another panchnama dated 23.12.2000 was executed and this was the last execution of the s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Products P. Ltd. vs. ACIT (2005) 97 ITD 333. It is stated that this order of the Tribunal has been affirmed by the Hon'ble Delhi High Court in 294 ITR 444. It is, therefore, contended that the assessment is beyond limitation. 3. On a careful consideration of the matter, we are of the view that the assessee's contentions based on the aforesaid authorities has to be accepted. A revocatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a director in this company, The facts relating to Mangla Marbles and Granite Pvt. Ltd. are the same as in the case of Deepak Aggarwal. Here also, the assessee has raised additional grounds identical to those raised in the case of Deepak Aggarwal. The first additional ground is not pressed. The second additional ground, for reasons stated by us in the appeal of Deepak Aggarwal, is admitted and on m ..... X X X X Extracts X X X X X X X X Extracts X X X X
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