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TMI Blog2013 (12) TMI 604X X X X Extracts X X X X X X X X Extracts X X X X ..... rements of Section 158BG of the Act. 2. A search was conducted in the residential premises of Sri.D.T.S. Rao at 3-4-5, Manasara road, III Cross, Indiranagar, Mysore, one of the Directors of M/s. Madhuvana House Building Co-operative Society Limited, Mysore on 06.02.1996. During the course of search, several incriminating documents, papers and books of accounts and cash were seized. It was contended by Sri.D.T.S. Rao as well as Sri.D.S.Manjunath, who were present at the time of search, that the cash of Rs.28,65,100/- seized during search, belong to Sri. D.S.Srinivas Rao and Brothers (HUF). The Assessing Authority passed an order of assessment in the name of the assessee Sri.D.S.Srinivas Rao and brothers (HUF). The said order was challenged ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... day of January 1997 and after 30th day of June 1995 and therefore, it is the Commissioner of Income Tax, who should have previously approved the order of assessment of the Block period, whereas it is the Joint Commissioner, who has previously approved the order of assessment. Therefore, the order of assessment is contrary to Section 158BG. 5. The learned counsel appearing for the Revenue, relying on Section 292B contended that the said violation is in the nature of a mistake, defect or omission, which shall not invalidate the order. What Section 292B provides for is, no return of income assessment notice, summons or other proceeding furnished or made or issued shall be invalid or shall be deemed to be invalid merely by reason of any mista ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no jurisdiction to pass a Block Assessment order. It is in this background, the Legislature consciously provided the aforesaid provision, providing for previous approval so that these harsh provisions are not abused by the Lower Authorities. In that view of the matter, the said provisions cannot be said to be procedural and noncompliance of said provision cannot be construed as a mistake, defect or omission. If the said provision is not complied, the order passed by the Authority without the previous approval is no order in the eye of law. 7. It was also contended that the proceedings for assessment were initiated subsequent to 1st January 1997 i.e., on 03.01.1997 and therefore, the previous approval of the Joint Commissioner was in accord ..... X X X X Extracts X X X X X X X X Extracts X X X X
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