Law:

Section:

Section 158BE, read with section 132, of the Income-tax Act, 1961 - Block assessment in search cases - Time limit for completion of - Block period 1987-88 to 1997-98 - Warrant of authorization under section 132 in respect of search of appellant's bank locker was issued on 11-12-1996 - Another authorization in respect of search of bank locker of appellant's mother-in-law wherein appellant's name was also mentioned was issued on 11-12-1996 and same was executed on 9-1-1997 - Assessing Officer adopted best assessment procedure and, accordingly, on 28-1-1998 made assessment under section 158BC - Appellant contended that since last of authorizations regarding search against him was executed on 11-12-1996, order of assess- ment was barred by limitation under section 158BE - Whether fact that locker in respect of which subsequent authorization was made was in name of other family members of appellant would not make any difference when said authorization also contained name of appellant - Held, yes - Whether since execution of authorization in case of appellant was made on 9-1-1997, period of one year under section 158BE was to be counted from end of month of January, 1997 - Held, yes - Whether, therefore, order of assessment made on 28-1-1998 was within period of limitation - Held, yes Section 132 of the Income-tax Act, 1961 - Search and seizure - Block period 1987-88 to 1997-98 - Whether order for search and seizure is an invasion upon rights, privacy and freedom of power of taxpayer and as such said power should be exercised in accordance with law for purpose of which provision has been made under section 132 - Held, yes - Whether if there are materials to support formation of opinion by concerned authority under section 132, Court cannot substitute its own opinion for deciding question as to whether authorization should have been issued or not - Held, yes FACTS A search under section 132 was conducted against the appellant/assessee. The warrant of authorization in respect of the appellant's bank locker was executed on 11-12-1996. Subsequently, another authorization in respect of the bank locker of the appellant's mother-in-law wherein the appellant's name was also…

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