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TMI Blog2019 (12) TMI 1114X X X X Extracts X X X X X X X X Extracts X X X X ..... filed by the assessee which was admitted by a Bench of this Court on 28.08.2013 on following substantial questions of law. "1) Whether the assessment order passed for the block period under Section 158BC(c) of the Act in the name of the individual, when the warrant of authorization issued in the joint name of the appellant and others is valid in law on the facts and circumstances of the case? 2) Whether the authorities below ought to have examined the validity of search and then only proceed to initiate block assessment proceedings on the facts and circumstances of the case? 3) Whether the Tribunal was justified in law in holding that there is no merit to challenge the action of the Assessing Officer to assess under Section 158BC of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant filed an appeal before the Commissioner of Income Tax (Appeals). The appeal was decided by an order dated 23.08.2002 which was partly allowed. The revenue being aggrieved by the order of the Commissioner of Income Tax (Appeals) filed an appeal before the Income Tax Appellate Tribunal. The appellant filed a cross objection in the aforesaid appeal, to the extent the appeal was decided against the appellant. 6. The Tribunal by an order dated 18.01.2007, set aside the order of the Commissioner of Income Tax (Appeals) and remitted the matter to the Commissioner of Income Tax (Appeals) and directed the issues to be adjudicated afresh by affording an opportunity of hearing to the parties in accordance with law. The Commissioner thereafter by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rial was seized in relation to the assessment year 1988-89 and 1989-90. However, the Assessing Officer has computed the income even in respect of the material which was not seized which is in contravention of Section 158BC(c) of the Act. 9. On the other hand, learned counsel for the revenue while placing reliance on Full Bench decision of the Allahabad High Court in the case of Commissioner of Income Tax vs. Devesh Singh (2012) 252 CTR (All.) 356, has taken us to the statement of objections for incorporation of Section 292CC of the Act and has submitted that it is not necessary to issue an authorization under Section 132 or to make a requisition under Section 132A separately in the name of each person. 10. We have considered the submissio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his clause shall not be entitled to file a revised return; (b) the Assessing Officer shall proceed to determine the undisclosed income of the block period in the manner laid down in section 158BB and the provisions of section 142, subsections (2) and (3) of section 143 and section 144 and section 145 shall, so far as may be, apply; (c) the Assessing officer, on determination of the undisclosed income of the block period in accordance with this Chapter, shall pass an order of assessment and determine the tax payable by him on the basis of such assessment. 292CC. Authorisation and assessment in case of search or requisition. (1) Notwithstanding anything contained in this Act,- (i) it shall not be necessary to issue an authorisation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tic that it merely provides that it shall not be necessary to issue an authorization under Section 132 of the Act or make a requisition under Section 132A of the Act separately in the name of each person. However, it is pertinent to note that where an authorization is made in the name of more than one person, the aforesaid section does not provide that the names of such persons need not be mentioned in the warrant of authorization. 14. In the backdrop of aforementioned statutory provisions, the facts of the case in hand may be examined. 15. The warrant of authorization has not been produced before this Court despite order dated 13.10.2019. Therefore, it is open for this Court to draw an adverse inference. However, in the peculiar fact sit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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