2007 (1) TMI 212 - AT - Income Tax

Summary

Issues involved: Appeal by Revenue against deletion of addition in block assessment, cross-objection by assessee challenging validity of assessment order and levy of surcharge and interest u/s 158BFA(1).

Validity of Assessment and Limitation Issue:
The assessee challenged the validity of the assessment order on the ground of limitation. The search was conducted on 17th Nov., 2000, concluded on 12th Dec., 2000, and the assessment was completed on 13th Jan., 2003. The assessee argued that the assessment should have been completed by 30th Nov., 2002, relying on a Tribunal decision. The Departmental Representative contended that the time-limit extended to 31st Jan., 2003, based on the last Panchnama drawn on 3rd Jan., 2001. The Tribunal held that the assessment made on 30th Jan., 2003, was beyond the limitation period as the search was concluded on 12th Dec., 2000, and the last Panchnama was on the same date. Referring to s. 158BE(1) r/w Expln. 2, the Tribunal annulled the assessment as it should have been completed by 31st Dec., 2002, and was thus barred by limitation.

Conclusion:
The assessment was annulled due to being time-barred, rendering other grounds raised by both parties unnecessary for disposal. The cross-objection was partly allowed, and the appeal was dismissed.