9911796707
TMI Blog2001 (4) TMI 188X X X X Extracts X X X X X X X X Extracts X X X X ..... ized from the residence which was marked as Annexure 'A/1'. From the said diary, it appears that the appellant-company had suppressed production of DOC and, therefore, it was inferred that income by the company was concealed during assessment year 1995-96. A notice under section 158BD read with section 158BC was accordingly issued to the appellant-company on 26-3-1997. The Assessing Officer finally passed an order under section 158BD read with section 158BC determining the income of appellant for the block period from 1986-87 to 1995-96 and from 1-4-1995 to 2-2-1996 at Rs.7,23,222. The appeal was dismissed by CIT(A) on the ground that search under section 132 was conducted on 2-2-1996 and, therefore, first appeal against the order under sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at in the alternative if it is held that this appeal ought to have been filed before the Tribunal, the delay in filing the said appeal in the present circumstances be condoned and admitted as having been filed in time. On the other hand, Ld. D.R. argued that there was no question of condonation for the appeal which has not been filed at all because the appeal filed before the Tribunal is against the order of CIT(A). He also stressed the words contained in section 158BD, "the provisions of this Chapter shall apply accordingly". According to him, once a search is conducted and if it is found that documents relate to some other person, then such documents etc. are required to be handed over under section 158BD to the Assessing Officer having j ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -section (2) of section 246. We do not find any reason for going to section 246 when specific right of appeal is provided under section 253(1)(b). In these circumstances, we also do not find merit in the contention that delay should be condoned because no appeal as such has been filed before us. The appeal which has been filed is against the order of CIT(A) and does not amount to filing of appeal under section 253(1)(b). We are not adjudicating ground No. 6, which relates to merit because there is no finding on this matter by the CIT(A). Under these circumstances, we confirm the order of CIT(A). However, the assessee is at liberty to file appeal before the Tribunal. 4. In the result, the appeal is dismissed. - - TaxTMI - TMITax - Inco ..... X X X X Extracts X X X X X X X X Extracts X X X X
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