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TMI Blog2015 (1) TMI 566X X X X Extracts X X X X X X X X Extracts X X X X ..... the appeal are concerned, Court notices that the ITAT had not dealt with the merits of the assessee’s contentions with regard to the various additions made, and grounds urged in that regard. In these circumstances, the matter is remitted to the ITAT to decide the contentions on merits. - Decided partly in favour of assessee. - ITA 1064/2009 - - - Dated:- 8-1-2015 - MR. S. RAVINDRA BHAT AND MR. R.K.GAUBA, JJ. For the Appellant : Mr. Rohit Madan, Mr. Ruchir Bhatia and Mr. Akash Vajpai, Advs. For the Respondent : Mr. Monu Monga and Mr. P. N. Monga, Advs. JUDGEMENT 1. The present appeal is directed against the order of ITAT dated 11.12.2008. The question of law raised is whether in the circumstances the ITAT was correct i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 158BD of the Act, therefore, the Tribunal and the High Court were justified in setting aside the orders of assessment and the orders passed by the first appellate authority. We do not intend to examine the aforesaid contention canvassed by the learned counsel since we are remanding the matters to the High Court for consideration of the individual cases herein in light of the observations made by us on the scope and possible interpretation of Section 158BD of the Act. 3. In these circumstances, this Court has to decide the issue. The relevant facts are that the search operations were conducted on 17.12.1999 in the premises of Sh.V.K.Narang. Based upon the materials obtained, he was issued notice under Section 158BD. Subsequently, a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the satisfaction note, can be said to have been proximate to the assessment proceedings. We also recollect the decision of this Court in Commissioner of Income Tax vs. Raghubir Singh Garg ITA No. 1420/2010 decided on 27.08.2014. In that case, the search took place on 29.08.2002 and the satisfaction note was recorded on 16.01.2003 i.e. within a period of 4 months. The Court was of the opinion that the satisfaction note could be upheld. Following the said decision it is held that there was no delay in issuance of notice under Section 158BD in the facts of the case. So far as the merits of the appeal are concerned, Court notices that the ITAT had not dealt with the merits of the assessee s contentions with regard to the various additions mad ..... X X X X Extracts X X X X X X X X Extracts X X X X
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