9911796707
TMI Blog2007 (3) TMI 662X X X X Extracts X X X X X X X X Extracts X X X X ..... 158BE of the Income-tax Act, 1961. Facts leading to the dispute, briefly is as under : During the period September 17, 1998 to November 13, 1998, there was a search and seizure action under section 132(1) in the case of M/s. Al Samit International and its partners Shri Gulam Mohd. Peshimam and Shri Javed Mohd. Peshimam. There was a search action on September 17, 1998, in the case of the assessee, being a recruitment consultant working with Al Samit International, at this residence, 303/304, Classic Corner, 136 Hill Road, Bandra West, Mumbai. All persons are connected with M/s. Al Samit International. A common warrant was issued in the name of M/s. Al Samit International, its two partners Shri Gulam Mohd. Peshimam and Shri Javed Mohd. P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arch commenced on September 17, 1998 at 8 a.m., and concluded on September 17, 1998, itself. It is argued that at the time of conclusion of search at the residence there was nothing which was left out and no other authorisation was served. Even if authorisation is claimed to have been served. There is no panchnama. The request of the appellant for inspection of warrant of authorisation, has not been granted. It is argued that authorisation does not survive beyond the date of the conclusion of the search and the time limit under section 158BE of the Income-tax Act, shall be determined with respect to the date of conclusion of search. 4.2 I have considered the arguments of the appellant and contention of the Assessing Officer. The panchnama ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... copy of which was also produced. Even though, the warrant of authorisation indicated all the three names, viz., Shri Gulam M. Peshimam, Shri Javed M. Peshimam and Shri Raju Sud, only one name, i.e., Javed M. Peshimam was mentioned in the final panchnama drawn on November 13, 1998, instead of all the three names. This is because there was paucity of space in the proforma of panchnama for writing all the names. The first column in the panchnama indicates warrant in the case of . In this case the warrants of authorisation was issued in all the three names mentioned above and not only in the name of Shri Javed M. Peshimam. Hence it is informed that it would be appropriate to interpret as if the panchnama dated November 13, 1998, included all ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uisitioned on or after the 1st day of January, 1997. (2) The period of limitation for completion of block assessment in the case of the other person referred to in section 158BD shall be (a) one year from the end of the month in which the notice under this Chapter was served on such other person in respect of search initiated or books of account or other documents or any assets requisitioned after the 30th day of June, 1995, but before the 1st day of January, 1997 ; and (b) two years from the end of the month in which the notice under this Chapter was served on such other person in respect of search initiated or books of account or other documents or any assets are requisitioned on or after the 1st day of January, 1997. Explanation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contention of the assessee that search is not in accordance with the law is to be accepted. In no uncertain terms, the law provides that the panchnama should record the name of the person in whose case the warrant of authorisation has been issued. Explanation 2 to section 158BE reproduced hereinabove, introduced with retrospective effect from July 1, 1995, was to remove any doubts regarding the authorisation referred to in sub-section (1) of section 158BE. It is clear that the panchnama should have been drawn in relation to a person in whose case the warrant of authorisation has been issued. In the instant case of the assessee, it is seen that the Revenue is trying to extend time on the basis of panchnama issued/prepared in the name of Shr ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
