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TMI Blog2011 (7) TMI 543X X X X Extracts X X X X X X X X Extracts X X X X ..... sment procedure - It is clear that there was no search warrant on the assessee to conclude that the case would fall under Section 158BC of the Income Tax Act. If the case has to come under Section 158BD then in respect of the search conducted in the premises of M/s.M.H.Jewellers, the materials recovered ought to have been handed over to the territorial Officer having jurisdiction over the assessee for considering any undisclosed income in accordance with Section 158 BC - Decided against the revenue. - 684 of 2005 - - - Dated:- 27-7-2011 - MRS.JUSTICE CHITRA VENKATARAMAN, MR.JUSTICE M.JAICHANDREN, JJ. For appellant : Mr.J.Naresh Kumar Standing Counsel for Income Tax JUDGMENT CHITRA VENKATARAMAN, J. The Revenue is on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the jewellery of an extent of 310 grams. As regards the construction of M.H. Complex, the Assessing Officer assessed a sum of Rs.2,98,665/- as undisclosed income. Aggrieved by the said assessment, the assessee filed an appeal before the Income Tax Appellate Tribunal, contending that there was no reasonable opportunity granted to the assessee in the course of the proceedings. The assessee also contended that the income could not be treated as an undisclosed income within the meaning of Section 158B of the Income Tax Act and consequently, the assessment could not be treated as falling within the scope of Section 158B of the Income Tax Act. In the course of the proceedings before the Tribunal, it was pointed out that since the search was c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e reported that there was no search warrant issued to the assessee. He also produced before us the letter written by the concerned Officer dated 11.7.2011 to the effect that the assessee was not a partner in the firm M/s.M.H.Jewellers at the time of search made on 23.1.1996. The Panchnama drawn in the case of the assessee pointed out that the premises of the assessee was searched on the basis of the warrant issued in the case of M/s.M.H.Jewellers. It was also pointed out that on the date when the premises was searched, the assessee was not a partner in the firm M/s.M.H.Jewellers. The Additional Director of Income Tax (Investigation), Madurai (in charge) had stated that even after a thorough verification, they could not trace any warrant in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted, then the books of accounts and other materials have to be handed over to the jurisdictional Officer of such other person to proceed in accordance with Section 158BC. In view of the above, the provisions of Chapter XIVB would have application to the facts of this case. 9. As far as the present case is concerned, going by the letter produced before this Court, it is clear that there was no search warrant on the assessee to conclude that the case would fall under Section 158BC of the Income Tax Act. If the case has to come under Section 158BD of the Income Tax Act, then in respect of the search conducted in the premises of M/s.M.H.Jewellers, the materials recovered ought to have been handed over to the territorial Officer having juri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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