9911796707
TMI Blog2012 (9) TMI 131X X X X Extracts X X X X X X X X Extracts X X X X ..... ctions within two weeks from the date of receipt of a copy of this order and on receipt of the objection, the Assessing Officer shall finalize the assessment within four weeks from the date of receipt of the objection from the assessee - in favour of assessee for statistical purposes. - Tax Case (Appeal) No.129 of 2006 - - - Dated:- 22-8-2012 - MRS.JUSTICE CHITRA VENKATARAMAN, MR.JUSTICE K.RAVICHANDRABAABU, JJ. For Appellant : Mr.C.V.Rajan For Respondent : Mr.M.Swaminathan Standing Counsel for Income Tax JUDGMENT CHITRA VENKATARAMAN, J. The following are the substantial questions of law raised by the assessee for the block assessment years 1986-87 to 1996-97: (i) Whether on the facts and in the circumstance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... record that the assessee sought for an adjournment on 30.03.1998. However, the Assessing Officer accommodated the assessee for one day and informed that since the assessment was to be completed on 31.03.1998, the case would be posted on 31.03.1998 at 11 a.m. Since none appeared on 31.03.1998, the assessment was completed and finalised. 4. The assessment order pointed out that the copy of documents seized from the assessee at the time of search and relied on for the purpose of assessment were provided earlier and they were also again provided before the assessment. Thus, the assessment for the block period, for which notice was issued on 27.03.1998, was finalised on 31.03.1998. 5. Aggrieved by this, the assessee went on appeal before ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the violation of the principles of natural justice. We may point out herein that when the Tribunal agreed with the assessee on the principle that before finalising the assessment, sufficient opportunity should be granted, we fail to understand, how the Tribunal could view the enquiry conducted as providing sufficient opportunity before finalising the assessment. Given the fact that for an assessment, procedure requires notice of assessment to be given to the assessee under Section 142(3), and notice, in fact, had been issued to the assessee on 27.03.1998, the assessee should have been granted sufficient time to make his objection before the Officer. 8. We may note herein that the search was conducted on 19.01.1996 and thereafterwards, u ..... X X X X Extracts X X X X X X X X Extracts X X X X
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