9911796707
TMI Blog1996 (9) TMI 51X X X X Extracts X X X X X X X X Extracts X X X X ..... Heard learned counsel for the petitioner and also standing counsel, N. R. K. Nair, for respondents Nos. 1 and 2. The crucial question involved in this writ petition is, whether the search and seizure conducted on February 23, 1996, is governed by the provisions contained in Chapter XIV-B which prescribe a special procedure for assessment of search cases. Section 158BA contained in the said Chapter deals with assessment of undisclosed income as a result of search. Sub-section (1) of the said section is as follows : " Notwithstanding anything contained in any other provisions of this Act, where after the 30th day of June, 1995, a search is initiated under section 132 or books of account, other documents or any assets are requisitioned un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e period of ten previous years preceding the previous year in which the search was conducted under section 132 or any requisition was made under section 132A. The search in this case was conducted during the previous year 1995-96. Therefore, the assessment year 1993-94 is one of the ten previous years contemplated in section 158B. In other words, in respect of the year 1993-94, the special procedure prescribed in Chapter XIV-B is applicable. Thus, the contention advanced on behalf of the Revenue cannot be countenanced. However, as an interim measure this court in C. M. P. No. 21095 of 1996 ordered that the assessment order shall be completed for the year 1993-94 and it shall be kept in abeyance as if it has not been passed. As against thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ereof. I am fortified, in taking this view because if exhibit P-4 and the consequent assessment order for the year 1993-94 is kept alive the Department will find it difficult to pass a parallel order in respect of the said year under section 158BC. Therefore, in order to augment the proceedings under section 158BC, I think it would be appropriate to quash exhibit P-4 and the consequent assessment passed for the year 1993-94. I do so. The first prayer made in the writ petition is thus allowed. The second prayer has become infructuous since the Department has already issued notice under section 158BC for the assessment block period including the year 1993-94 as stated above. The original petition is disposed of as above. - - TaxT ..... X X X X Extracts X X X X X X X X Extracts X X X X
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