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2012 (10) TMI 92 - HC - Income TaxAnnulling the order u/s 158BD/143(3)/158BG by ITAT - Held that - The search had been conducted and completed on 08.09.1999 is not disputed. The assessment order dated 31.12.2003 does not disclose inter alia that the assessment proceedings initially drawn on the basis of the search held on 08.09.1999 had in fact been dropped. To the contrary the text thereof demonstrates that the same was pursuant to amongst others the notice dated 07.06.2000 issued under section 158BC - As the last of the notices dated 07.06.2000 17.11.2000 and 07.12.2000 had been received by assessee on 28.12.2000 in this view of the matter in terms of section 158BE (2) the assessment ought to have been completed latest by 31.12.2002. Thus in respectful agreement to the finding recorded by the Tribunal of annulling the order as it was dated 31.12.2003 - in favour of assessee.
Issues:
1. Validity of the assessment order dated 31.12.2003 under the Income Tax Act, 1961. 2. Compliance with timelines for completing block assessment under section 158BE (2). 3. Legality of search and seizure proceedings conducted on a deceased individual. 4. Interpretation of notices issued to legal representatives for assessment purposes. 5. Applicability of precedents in similar cases to the present matter. Issue 1: The High Court examined the validity of the assessment order dated 31.12.2003 under the Income Tax Act, 1961. The Tribunal had annulled the Assessing Officer's order dated 31.12.2003 under sections 158BD/143(3)/158BG of the Act. The respondent had challenged this assessment order, arguing it was barred by time under section 158BE (2) (a) or (b) as it should have been completed by 31.12.2002. The Court agreed with the Tribunal's finding that the assessment order dated 31.12.2003 was indeed time-barred, based on the facts and circumstances of the case. Issue 2: The Court analyzed the compliance with timelines for completing block assessment under section 158BE (2). The respondent contended that the assessment order dated 31.12.2003 was beyond the stipulated deadline of 31.12.2002. The Court upheld the Tribunal's decision that the assessment was indeed barred by time, as the notices were received by the respondent on 28.12.2000, necessitating completion by 31.12.2002. Issue 3: The legality of search and seizure proceedings conducted on a deceased individual was scrutinized. The search was conducted on the basis of a warrant issued in the name of a deceased person. The Court noted that the search warrant was issued in the name of an individual who had already passed away before the search took place. Despite this, assessment proceedings were initiated against the legal representatives of the deceased, leading to the assessment order dated 31.12.2003. The Court found that the assessment based on the search conducted on a deceased individual was not valid. Issue 4: The interpretation of notices issued to legal representatives for assessment purposes was deliberated. The notices under sections 158BC, 142(1), and 148(2) were issued to the legal representatives of the deceased individual. The Court observed that the assessment proceedings were carried out based on these notices, leading to the assessment order dated 31.12.2003. The Court agreed with the respondent's argument that the assessment should have been completed by 31.12.2002, as the last notice was received on 28.12.2000. Issue 5: The Court considered the applicability of precedents in similar cases to the present matter. The decisions cited by both parties were analyzed. The Court distinguished the cited cases based on the factual differences. It was concluded that the precedents cited were not directly relevant to the case at hand. The Court dismissed the appeal, finding no merit in the arguments presented and imposed no costs.
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