2009 (11) TMI 572 - HC - Income Tax

Searched - Limitation - Block assessment - The notice under section 158BC was issued to the assessee on July 27, 1999 - After noticing that the warrant was not issued in the name of the assessee, a fresh notice under section 158BC read with section 158BD was issued on the assessee on February 7, 2001 - The assessee filed the block return on January 29, 2003 admitting nil undisclosed income - The assessment was made on February 27, 2003 - Held that the assessment made against the assessee is beyond the period prescribed under section 158BE(2)(b)- appeal dismissed - Decided in favor of assessee.

Summary

Issues involved:
1. Correctness of the order of the Income-tax Appellate Tribunal regarding the time bar under section 158BD.

Analysis:
The case involved the assessment of a real estate broker following a search in the premises. The Assessing Officer initially issued a notice under section 158BC on July 27, 1999, but later issued a fresh notice under section 158BC read with section 158BD on February 7, 2001. The block assessment was completed on February 27, 2003. The Commissioner of Income-tax (Appeals) ruled in favor of the assessee, stating that the assessment order was beyond the two-year period prescribed by the statute. The Tribunal upheld this decision, noting the lack of evidence from the Revenue to support a different view. The Revenue appealed under section 260A of the Income-tax Act, 1961, questioning the time bar issue.

The High Court analyzed the notices issued and the relevant provisions. It noted that the second notice issued on February 7, 2001, was not appropriate as the warrant was not in the name of the assessee, making the notice under section 158BC issued on July 27, 1999, the correct one. The statutory requirement for completion of block assessment under section 158BE(2)(b) is two years from the end of the month in which the notice was served. The Court emphasized that the mere quoting of the wrong provision in a notice does not invalidate the proceedings. Citing precedent, the Court highlighted that the purpose of the notice was known to the assessee, and the absence of mentioning the correct provision did not vitiate the order.

Ultimately, the Court dismissed the appeal, affirming the decisions of the Commissioner and the Tribunal. It concluded that the notices issued were appropriate under the circumstances, and the assessment was within the prescribed period under section 158BE(2)(b). The Court found no grounds for interference, upholding the correctness of the lower authorities' decisions.

This detailed analysis of the judgment highlights the issues surrounding the time bar under section 158BD, the assessment process, the validity of notices issued, and the application of relevant statutory provisions and legal principles in the case.