9911796707
TMI Blog2012 (12) TMI 847X X X X Extracts X X X X X X X X Extracts X X X X ..... sessment in the case of other person referred to in Section 158BD shall be 2 years from the end of the month in which notice has been served on such other person in respect of the search conducted under Section 132. Therefore, it is obvious that the limitation starts only from the service of notice and not from any point of time prior thereto. Admittedly, notice in this case was served on the peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ME TAX JUDGMENT Heard the counsel for the petitioner and the Standing Counsel for the respondents. 2. A search in the premises of the petitioner's brother under Section 132 of the Income Tax Act was conducted on 29.7.1999. Proceedings were initiated under Section 158 BC of the Act and finally Ext.P1 order of assessment was passed on 18.7.2001. In an appeal filed against Ext.P1 order, Ext.P2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y Ext.P8 stating that Section 158BD did not provide for any time limit for initiating proceedings and therefore the plea of limitation is without substance. It is challenging Ext.P8 the writ petition is filed. 5. Contention raised by the counsel for the petitioner is that although there is no limitation for issuing notice as stated in Ext.P8, assessment proceedings should be completed within a re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ny point of time prior thereto. Admittedly, notice in this case was served on the petitioner only by Ext.P6 dated 8.8.2012 and if it is so counted, the proceedings are well within time. This view has been accepted by the Division Bench of this court in Ext.P9 judgment also. 7. In so far as the case of the petitioner that the assessment proceedings has not been completed within a reasonable time a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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