COMMISSIONER OF INCOME TAX Vs. KUWER INDUSTRIES LTD

JUDGEMENT

(1.) THESE appeals are preferred by the Revenue against the order made by the Tribunal, Delhi Bench, in IT(SS) No. 141/Del/1997, on 20th June, 2001, for the block assessment period 1st April, 1985 to 30th June, 1996. The question in this matter raised by the learned counsel for the Revenue is about limitation. As per Section 158BE of the IT Act, 1961 (hereinafter referred to as the Act), the assessment is required to be made within a stipulated time and if it is not made, then the same would be time -barred. - -

(2.) AS the Court is required to examine Sub -section (1) of Section 158BE of the Act, the relevant provision is incorporated hereunder : '158BE(1). The order under Section 168BC shall be passed - - (a) within one year from the end of the month in which the last of the authorisations for search under Section 132 or for requisition under Section 132A, as the case may be, was executed in cases where a search is initiated or books of account or other documents or any assets are requisitioned after the 30th day of June, 1995, but before the 1st day of January, 1997 :2. xxxxx Explanation 2 : For the removal of doubts, it is hereby declared that the authorisation referred to in Sub -section (1) shall be deemed to have been executed, - -(a) in the case of search, on the conclusion of search as recorded in the last Panchnama drawn in relation to any person in whose, case the warrant of authorisation has been issued;'

(3.) WE gave our anxious thought and we find that when the AO has not considered the same, the appellant may not think it proper to rely on the document as that was not considered by the AO himself against him. But, certainly it was the duty of the Departmental Representative to point out to the Tribunal that this document is required to be taken into consideration, and if considered then proceedings would not be barred by limitation and it would be within time. Well the AO has not bothered about this document may be because it has not been produced by the raiding party. thereforee, at this juncture we are not in a position to say anything about the responsibility of the person concerned for not producing the same.