TMI Blog2001 (8) TMI 25X X X X Extracts X X X X X X X X Extracts X X X X ..... rt was delivered by R. JAYASIMHA BABU J.-We have heard learned counsel for the assessee at considerable length. But we are not persuaded to hold that the order made by the Tribunal, directing remand of the matter to the Assessing Officer calls for any interference. Admittedly, the search was conducted in the premises of one Lakshmanan and certain documents were recovered during that search, wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssuing the notice. In fact, in response to the notices returns were filed by all of them. Absence of mention of the provision in the notice was, therefore, not a circumstance which could be said to vitiate the ultimate order. The fact that notice was issued to the eight firms and to the wife of Lakshmanan, even though the search warrant was not issued against them, is of no consequence, having r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , were perfectly valid and the application of the provisions of Chapter XIV-B was equally valid in their cases as well. Learned counsel next contended that the ultimate order of the Tribunal remanding the case to the Assessing Officer has the effect of stretching the period of limitation prescribed under section 158BE and that such enlargement of the period of limitation is wholly impermissible. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be made by the Assessing Officer. We have already rejected a similar argument advanced before us at the instance of another assessee in Lakshmi Jewellary v. Deputy CIT [2001] 252 ITR 712 (Mad) (T.C. No. 408 of 2000). Section 158BG nowhere provides for the issuance of such a notice to the assessee by the Commissioner. That section only requires the Assessing Officer to secure the approval of the C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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