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TMI Blog2008 (7) TMI 23X X X X Extracts X X X X X X X X Extracts X X X X ..... bsp; CORAM:- HON'BLE MR JUSTICE BADAR DURREZ AHMED HON?BLE MR JUSTICE RAJIV SHAKDHER BADAR DURREZ AHMED, J (ORAL) 1. This appeal has been preferred by the revenue against the order passed by the Income Tax Appellate Tribunal on 06.10.2004 in IT (SS) No. 278/Del./1997 in respect of the block period 01.04.1986 to 29.08.1996. The ground raised by the assessee in its app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 58 BE (1) (a) of the Income Tax Act, 1961. The said section, inter alia, stipulates that the order under Section 158 BC shall be passed within one year from the end of the month in which the last authorization for search under Section 132 was executed. Explanation 2 appended at the end of Section 158 BE reads as under:- "Explanation 2. "For the removal of doubts, it is hereby declared that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xecuted. 2. In the present case there is only one panchnama and as recorded in the Tribunal's order the date and time of search and close of the search is clearly mentioned in paragraph 8 of the panchnama which was prepared on 30.08.1996. It was recorded that the search commenced on 29.08.1996 at 8.45 pm and closed at 30.08.1996 at 3.45 pm. Consequently, in view of the provisions of S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... consequence of the search. In view of the clear provisions of law and the factual position, as indicated in the Tribunal's order, we find that no substantial question of law arises in this case for our consideration. The finding of facts arrived at by the Tribunal also cannot be said to be perverse.
The appeal is dismissed.
BADAR DURREZ AHMED, J
RAJIV SHAKDHER, J X X X X Extracts X X X X X X X X Extracts X X X X
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