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TMI Blog2012 (10) TMI 92X X X X Extracts X X X X X X X X Extracts X X X X ..... notices dated 07.06.2000, 17.11.2000 and 07.12.2000 had been received by assessee on 28.12.2000 in this view of the matter, in terms of section 158BE (2), the assessment ought to have been completed latest by 31.12.2002. Thus in respectful agreement to the finding recorded by the Tribunal of annulling the order as it was dated 31.12.2003 - in favour of assessee. X X X X Extracts X X X X X X X X Extracts X X X X ..... o. GIR-S-740/ACTT/SII/Block Asstt., dated 02.11.2001, issued by the Assistant Commissioner of Income Tax, Investigation Circle, Silchar, the respondent herein was required to furnish the informations as detailed in the list appended thereto. It was clearly indicated in the said list that the requisition for the informations as mentioned in the notice dated 27.11.2000 under section 142(1) had not been complied with till then. This was duly replied to on behalf of the respondent. 04. While the matter proceeded thus, the Assistant Commissioner of Income Tax, Investigation Circle, Silchar, by order dated 19.12.2001 taking note of the panchanama i.e. 08.12.1999, issued in the name of Partha Sarathi Dey, who was dead on the date of search & sei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3 (Del) and that of the High Court of Calcutta in SANJAY KUMAR MODI VS. DIRECTOR OF INCOME TAX (INVESTIGATION) & ORS., (2005) 199 CTR (Cal) 666. 07. Per Contra, the learned Senior Counsel for the respondent has urged that following the search involved, a panchanama on the basis of the proceedings had been prepared in the name of Sri Sunil Chandra Dey, father of Partha Sarathi Dey, in whose name the warrant had been issued. Thereafter, notices were issued on 07.06.2000, 17.11.2000 and 07.12.2000 under section 158 BC & 142(1) of the Act to the legal heirs of Lt. Partha Sarathi Dey requiring them to furnish necessary informations and documents for the assessment of income for the block period from 01.04.1989 to 08.12.1999. According to Mr. Sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... puted. The assessment order dated 31.12.2003 does not disclose, inter alia, that the assessment proceedings initially drawn on the basis of the search held on 08.09.1999 had, in fact, been dropped. To the contrary, the text thereofdemonstrates that the same was pursuant to, amongst others, the notice dated 07.06.2000 issued under section 158BC of the Act. The assertion of the respondent-assessee is that the last of the notices dated 07.06.2000, 17.11.2000 and 07.12.2000 had been received by her on 28.12.2000. In this view of the matter, in terms of section 158BE (2), the assessment ought to have been completed latest by 31.12.2002. We, thus, in the facts and circumstances of the case find ourselves in respectful agreement to the finding rec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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