DCIT, New Delhi vs. Sh. Sanjay Jain, New Delhi
In the result, appeals of the department are dismissed and the Cross Objections of the assessee’s are allowed as indicated above
ITA 5325/DEL/2013[2005-06]Status: DisposedITAT Delhi06 Oct 2015AY 2005-06
Bench: Sh. N. K. Saini, Am & Sh. A. T. Varkey, Jm
Section 132Section 153A
…nothing was done on 8/9/97 except lifting the order. Therefore, the order u/s 132(3) was invalid in view of Bombay High Court judgment in the case of Sandhya Naik (supra). Similar view has been taken by the tribunal in the case of DCIT vs. Adolf Patric Pinto 100 ITD 191 (Mum), Sarb Consulate Marine Products 97 ITD 333(Del). In the case of V. L. S. Finance Ltd. Vs CIT 289 ITR 286 (Del), a search warrant was issued and search was conducted on 22/6/98. However, due to voluminous record, search had to be conducted again and again till 5/8/98 when the last panchnama was prepared. The block assessment remained pending…