9911796707
TMI Blog1998 (6) TMI 51X X X X Extracts X X X X X X X X Extracts X X X X ..... efore the Income-tax Appellate Tribunal and stating that the Commissioner of Income-tax was not competent. The original petition is filed against these orders. It is seen from the exhibits that in the course of completion of the block assessment, a proposal was issued to the assessee to fix the cost of construction of a building at Rs. 18 lakhs and to tax the proportionate share of the difference as the undisclosed investment made by the assessee. In his reply dated April 16, 1997, the assessee requested to refer the matter to the valuation cell. Accordingly, the matter was referred to the executive engineer. As the report could not be obtained before the completion of the block assessment which was getting time barred on April 30, 1997, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... view, that the proceedings were initiated under section 132 against the petitioner on April 30, 1996. Therefore, the jurisdiction over orders under section 158BC passed in respect of searches before that date should go to the Tribunal in the light of section 253(1)(b) of the Income-tax Act, 1961. Section 158BC is as follows : "158BC. Where any search has been conducted under section 132 or books of account, other documents or assets are requisitioned under section 132A, in the case of any person, then,---- (a) the Assessing Officer shall (i) in respect of search initiated or books of account or other documents or any assets requisitioned after the 30th day of June, 1995, but before the 1st day of January, 1997, serve a notice to such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Director-General or a Director under section 272A. (2) The Commissioner may, if he objects to any order passed by a Deputy Commissioner (Appeals) or, as the case may be, a Commissioner (Appeals) under section 154 or section 250, direct the Assessing Officer to appeal to the Appellate Tribunal against the order." The Commissioner (Appeals) will not have jurisdiction on the action initiated prior to January 1, 1997. It is further noted that the petitioner had already preferred an appeal before the Tribunal against the assessment order dated April 29, 1997, wherein he has raised the question of valuation in ground No. 9. Therefore, it is always open to the petitioner to pursue his remedy before the same Tribunal where his appeal is pending ..... X X X X Extracts X X X X X X X X Extracts X X X X
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