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Section 158 BE of the Income-tax Act, 1961 - Block assessment in search cases - Time-limit for completion of - Block assessment period from 1-4-1990 to 30-10-2000 - A notice under section 158 BD dated 24-1-2002 was dispatched to assessee and same was served upon assessee on 30-1-2002 - Block assessment order came to be passed on 5-2-2004 - Whether since order dated 5-2-2004 had been passed beyond permissible statutory period which expired on 31-1-2004 , it was legally non est - Held, yes FACTS The Assessing Officer issued notice under section 158 BD dated 24-1-2002 to the assessee and the same was served upon the assessee on 30-1-2002. The block assessment order was passed on 5-2-2004. The assessee filed appeal contending that the order was passed beyond prescribed time-limit in section 158BE and, hence, was without jurisdiction. The Commissioner (Appeals) dismissed appeal, accepting the revenue's case that the notice was served on 15-2-2002 and, therefore, the limitation for completion of block assessment proceedings came to February, 2004. On second appeal, the Tribunal, on the basis of material on records, found that notice dated 24-1-2002 was served up on the assessee on 30-1-2002. It, therefore held that the block assessment order passed on 5-2-2004 lacked jurisdiction inasmuch as, the last date on which it could have been passed was 31-1-2004. On the revenue's appeal : HELD Since the block assessment order dated 5-2-2004 was passed beyond the permissible statutory period which expired on 31-1-2004 , it was legally non est. [ Para 6] The appeal was without merit and, therefore, was to be dismissed. CASES REFERRED TO CIT v. Shanker Lal Ved Prakash [2008] 300 ITR 243 (Delhi) [Para 4] and CIT v. Vins Overseas India Ltd.[2008] 305 ITR 320/[2007] 165 Taxman 95 (Delhi) [Para 4]. N.P. Sahni and P.C. Yadav for the Appellant. Satyen Sethi and Jhonson Bara for the Respondent. JUDGMENT Vikramajit Sen, J. - This is an Appeal under section 260A( 1) of the Income-tax Act, 1961 ( 'IT Act' for short) assailing the Order of the Income-tax Appellate Tribunal (ITAT), New Delhi passed on4-7-2008 in respect of the Block Assessment period 1-4-1990 to 30-10-2000. Section 158BE(…

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