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TMI Blog2012 (8) TMI 148X X X X Extracts X X X X X X X X Extracts X X X X ..... nchanama – assessment order should be passed within one year therefrom - entire order is set aside on the ground of bar of limitation - IT Appeal Nos. 1257 & 1350 of 2006 - - - Dated:- 22-2-2012 - N. Kumar and Ravi Malimath, JJ. A. Shankar and M. Lava for the Appellant. M. Thirumalesh for the Respondent. JUDGMENT N. Kumar, J . ITA No. 1350/2006 is an appeal filed by the re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was no seizure vide panchanama dated 24.4.1996, the panchanama dated 25.4.1996 is not a valid panchanama and therefore time is to be computed from 19.2.1996 and within one year therefrom the assessment order ought to have been passed When admittedly the assessment order is dated 24.4.1997 which is beyond one year period, the assessment order it liable to be set aside on the ground of bar of limit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 96. However no panchanama has been drawn. As per explanation 2 to sec, 158BE, it is only the last panchanama which is to 'be seen for the purpose of determining limitation of passing the assessment order. As per the facts on record last panchanama dated 19th Feb, 96, as there is no seizure vide panchanama dated 25th Apr, 96 besides the facts that panchanama dated 25th Apr, 96 is not a valid panch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ck assessment. Therefore, it cannot be said merely because the assessee did not choose to challenge the search conducted in his premises on the aforesaid grounds by way of a writ petition under Article 226 of the Constitution before the High Court, he cannot challenge the said order in appeal . In. the absence of a specific provision provided under the Act for appeal against such orders, in the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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