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Shri Manoj Aggarwal, Bemco Jewellers ... vs Dcit on 25 July, 2008

12. Further even otherwise, there was inordinate delay in issuing notice u/s. 158BD by the Assessing Officer. Being so, as held by the Special Bench in the case of Manoj Agarwal vs. DCIT, 113 ITD 377 (SB) there was inordinate delay in issuing of notice u/s. 158BD, the assessment is bad in law. In this case the block assessment ought to have been completed before 28.2.2005 as the valid search in the case of Sri Ramesh Babu has taken place on 21.02.2003 and the notice u/s. 158BD was issued on 25.2.2007 after a delay of 2 years and 5 months and the issue of notice is beyond time limit prescribed to complete the block assessment makes the assessment invalid being it is not curable.
Income Tax Appellate Tribunal - Delhi Cites 85 - Cited by 231 - Full Document
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