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
…one, the same should be truly recorded in such panchnama. Search can be said to be concluded if all these transactions are complied with. In this regard we find strength from the contents of para 6 of the order of judicial member in the case of Nandlal Gandhi 115 ITD 1 (Mum). In the case of CIT Vs. Sandhya P Naik 253 ITR 534 (Bom), the question was whether the prohibitory order u/s 132(3) would extend the period of limitation u/s 158 BE. The Court decided against the revenue by observing as under: "Action u/s 132(3) of the Income-tax Act can be restored to only if there is a practical difficulty in seizing the it…