CIT v. T.M. Kuriachan - Taxpublishers.in

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The Tax Publishers2013 TaxPub(DT) 0361 (Ker-HC) : (2013) 050 (I) ITCL 0520 : (2013) 256 CTR 0316 : (2012) 079 DTR 0447 INCOME TAX ACT, 1961 --Search and seizure--Proceeding under section 158BDLimitation--Review Petition was filed for reviewing the judgment of tribunal which was disposed of following the decision of the Hon'ble Supreme Court in Manish Maheshwari v. Asstt. CIT & Anr. (20070 289 ITR 341 (SC), Assessee submitted that correctness of the documents and the factual position need to be verified. *Held:* Tribunal will treat the appeal as allowed by treating their orders as cancelled and by restoring the appeal before the Tribunal for them to take decision on merits after hearing both sides. If, on verification by the Tribunal it was noticed that assessments on both assessees one under section 158BC and the other under section 158BD were completed by the very same assessing officer. SUBSCRIBE FOR FULL CONTENT

The Tax Publishers2013 TaxPub(DT) 0361 (Ker-HC) : (2013) 050 (I) ITCL 0520 : (2013) 256 CTR 0316 : (2012) 079 DTR 0447

INCOME TAX ACT, 1961

--Search and seizure--Proceeding under section 158BDLimitation--Review Petition was filed for reviewing the judgment of tribunal which was disposed of following the decision of the Hon'ble Supreme Court in Manish Maheshwari v. Asstt. CIT & Anr. (20070 289 ITR 341 (SC), Assessee submitted that correctness of the documents and the factual position need to be verified. Held: Tribunal will treat the appeal as allowed by treating their orders as cancelled and by restoring the appeal before the Tribunal for them to take decision on merits after hearing both sides. If, on verification by the Tribunal it was noticed that assessments on both assessees one under section 158BC and the other under section 158BD were completed by the very same assessing officer.