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2015 (8) TMI 506 - HC - Income TaxDelay in proceedings initiated in terms of section 158BD - Held that - CIT (A) and Tribunal were justified in arriving at a finding that the proceedings initiated in terms of section 158BD are vitiated by enormous and unexplained delay. The search conducted in two cases on August 24, 1998, concluded on October 23, 1998. The intimation issued under this provision is of October 4, 2005. The Tribunal applied the judgment of Manish Maheshwari v. Asst. CIT reported in 2007 (2) TMI 148 - SUPREME COURT OF INDIA to conclude that a notice issued after lapse of unreasonable time would result in annulment of the proceedings. We do not think that such finding of fact can be termed as perverse or vitiated by any error of law apparent on the face of the record, enabling us to entertain this appeal. - Decided against revenue.
The High Court of Bombay dismissed the appeal challenging a Tribunal order due to unreasonable delay in proceedings under section 158BD of the Income-tax Act, 1961, citing a Supreme Court judgment. The appeal was found devoid of merits and dismissed with no costs.
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