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TMI Blog2014 (12) TMI 103X X X X Extracts X X X X X X X X Extracts X X X X ..... uiring the petitioner to file a block return - as a matter of fact, the assessee filed such a return with his own effort to contradict the facts alleged against him on the basis of the search - The mere fact that it is filed under protest does not make much of difference - these are the matters, which can be dealt with before the concerned Forum under the Act. Satisfaction recorded or not – Held that:- In Manish Maheshwari vs. Asst. Commissioner of Income-Tax [2007 (2) TMI 148 - SUPREME COURT OF INDIA] it has been discloses that they arose out of the regular appeals preferred u/s 260-A of the Act before the High Court and other proceedings under the Act before the concerned authority earlier thereto –Decided against assessee. X X X X Extracts X X X X X X X X Extracts X X X X ..... ame Subbarow Gupta and through his report, dated 27.12.2000, the said Valuer estimated the cost at ₹ 74,54,000/-. Stating these and other relevant facts, the petitioner submits that the impugned notice cannot be sustained in law. The respondent filed a detailed counter affidavit. According to him, a notice was issued in exercise of power under Section 158BD of the Act and the petitioner can put forward all his contentions in the proceedings that ensue under the Act. On merits also, an attempt was made to contradict the facts pleaded by the petitioner. The petitioner filed an additional affidavit contradicting the contents of the counter affidavit. Heard Sri Y.Ratnakar, learned counsel for the petitioner and Sri J.V.Prasad, learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n discloses that it is intended only to deal with the situations, where the search made in the premises of one assessee has led to suspicion, as regards accuracy of the facts and figures with reference to another assessee. Alternatively, it was also pleaded that the search was conducted in the premises of the petitioner also. These are the matters, which can be dealt with before the concerned Forum under the Act. When the disputed questions are involved and when it is not even alleged that the respondent is not conferred with the power to issue notice, the writ petition cannot be maintained. The second ground viz., that the satisfaction was not recorded, can also be urged in the regular proceedings under the Act. The petitioner can certain ..... X X X X Extracts X X X X X X X X Extracts X X X X
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