TMI Blog2010 (4) TMI 1165X X X X Extracts X X X X X X X X Extracts X X X X ..... premises of the respondent-assessee and it was with regard to the block period of 1988-89 to 1998-99 and the said notice though originally issued u/s 158 BC and the assessment order was completed and the same became a subject of remand. We find that subsequently the notice issued on 9.8.2002 is beyond the prescribed period of limitation. Keeping in mind the proviso to section 143(2) as it then stood, where the limitation period was one year, since the date of filing of the return in the instant case is 4.5.1999 keeping in mind the ration of the decision of the Apex Court in the case of HOTEL BLUE MOON [ 2010 (2) TMI 1 - SUPREME COURT] , wherein it has been stated that if the AO for any reason repudiates the return filed by the assessee i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d on by the revenue in order to bring to tax the unaccounted income detected during search. c) Whether the Tribunal was correct in failing to take into consideration the pocket diary detected during search, number of loose sheets of papers which disclosed receipts for having received amounts for letting out the function hall and commission for catering services which tallied with the evidence given by Mr. Mahesh Kamath and Mr. Ajay Pai and consequently, recorded a perverse finding. d) Whether the Assessing Officer had correctly brought to tax the sum of ₹ 28,00,000/- receipts from the function hall and the sum of ₹ 7,60,000/- from catering services based on the entire evidence found during search which came to be confi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed for catering business and the same were not accounted by the assessee. The Assessing officer held the same to be supressed income and completed and assessment for the block period by his order dt. 31.3.2003. 3. being aggrieved by the said order, the matter was carried before the Commissioner of Appeals who confirmed the assessment order with regard to the aspect regarding unaccounted income by his order dt. 13.1.2004. The assessee being aggrieved by the said order preferred and appeal before the Tribunal and the Tribunal by his order dt. 12.2.2005 allowed the appeal filed by the assessee. Being aggrieved by the said order, the revenue has preferred this appeal. 4. We have heard the learned counsel for the appellants and the learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (2) pursuant to a search conducted on 6.7.1998 in the premises of the respondent-assessee and it was with regard to the block period of 1988-89 to 1998-99 and the said notice though originally issued under sec 148 BC of the Act and the assessment order was completed and the same became a subject of remand. We find that subsequently the notice issued on 9.8.2002 is beyond the prescribed period of limitation. Keeping in mind the proviso to section 143(2) of the Act as it then stood, where the limitation period was one year, since the date of filing of the return in the instant case is 4.5.1999 keeping in mind the ration of the decision of the Apex Court in the case of HOTEL BLUE MOON , wherein it has been stated that if the Assessing Offic ..... X X X X Extracts X X X X X X X X Extracts X X X X
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