A V SREEKUMAR Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) The appellant, the authorised legal heir of the assessee, has filed the above two appeals relating to two assessment years 1999-2000 and 2000-2001. The assessments relate to the deceased mother of the appellant, who had a total of five children, four of whom authorized the appellant herein to contest the matter since the mother died on 24.02.2006, after the search effected in her premises as also the notice issued under section 153A of the Income Tax Act, 1961 [for brevity "the Act"].

(2.) We first notice the facts, which from the perspective of the assessee, are as hereinafter. The Department conducted searches of the residential premises of the assessee under Section 132 on 003.2005 and 20.04.2005. A notice was issued under Section 153A of the Act on 06.01.2006, alleging inter alia that the assessee entered into transactions of a property having total extent of 16 cents; 8 cents of which was sold in the assessment year

(3.) The assessee filed an appeal raising three grounds. One that the assessment year 1999-2000 cannot be taken up for consideration of block assessment, since it is beyond the six year period provided under Section 153A of the Act. The contention was advanced on the premise that the last of the search on 20.04.2005 was in 2006-2007 and the block years have to be computed from the date of the panchnama as prepared by the officer conducting the last of the searches. Yet another contention was with respect to the documents relied on to make additions, being not one seized in the search conducted and hence the proceedings under Section 153A read with Section 143 being non est. There was also an objection raised with respect to the computation of capital gains.