9911796707
TMI Blog2014 (10) TMI 359X X X X Extracts X X X X X X X X Extracts X X X X ..... a prohibitory order u/s 132 (3) does not elongate the starting point of limitation - there was only one authorization dated 05.11.1996 in pursuance of which search was conducted on 14.11.1996 - the search was continued on the two consecutive dates and it ended on 16.11.1996, the block assessment orders should have been passed on or before 30.11.1997 - Whereas the block assessment order is passed on 29.01.1998 which is clearly barred by law of limitation - the block assessment order passed is liable to be set aside as barred by limitation – Decided against revenue. - ITA NO.171 OF 2008, ITA No. 172 of 2008, ITA Nos. 359-360 of 2014, ITA CROB NO.1 OF 2011, ITA No.171 of 2008, ITA CROB NO.7 OF 2010, ITA No. 172 of 2008 - - - Dated:- 2-9-201 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourse of search dated 14.11.1996, 15.11.1996, 16.11.1996 and 27.11.1996 were seized. Again on 13.01.1997, the board minutes book was seized and a mahazar was drawn stating that the search was closed. It is also not in dispute that there was no authorization issued by the competent authority to search on 15.11.1996, 16.11.1996, 27.11.1996 and 13.01.1997. The record discloses that the authorization for search and seizure was issued on 05.11.1996. At the end of 14.11.1996, 15.11.1996 and 16.11.1996, a mahazar was drawn. Infact, a prohibitory order had been passed on those days also and books had been kept in almirah. It is only on 27.11.1996, all the documents were seized and yet another mahazar was drawn. The authorities have held that the da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which is clearly barred by law of limitation. Therefore the block assessment order passed is liable to be set aside. In view of the fact that the block assessment order is held to be barred by limitation, question of going into merits of the said order does not arise. Consequently, we pass the following: ORDER 1. ITA Nos.359-360/2014 is allowed. ITA No.171/2008 and ITA Nos.172/2008 are dismissed. ITA.Crob No.1/2011 and ITA.Crob No.7/2010 are also dismissed. 2. The block assessment order dated 29.01.1998 is hereby set aside. 3. Parties to bear their own costs. It is submitted that the judgment of this Court in Ramaiah Reddy s case is now pending consideration before the Apex Court. Revenue as well as the assessee a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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