VidhiSangh

Supreme Court of India · 24/03/2023

ANIL MINDA AND OTHERS versus COMMISSIONER OF INCOME TAX

[2023] 3 S.C.R. 1150 · 2023 INSC 287

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Summary

A search authorisation under Section 132 of the Income Tax Act issued on 13 March 2001 for the assessees' office and residence concluded with a panchnama on 11 April 2001, while a second authorisation of 26 March 2001 for a bank locker was executed and its panchnama drawn the same day. Block assessment orders were passed in April 2003. The Tribunal held them time-barred, computing the two-year period under Section 158BE from the last authorisation, but the Delhi High Court reversed. The Supreme Court dismissed the assessees' appeals, holding that under Explanation 2 to Section 158BE and the decision in VLS Finance the limitation for block assessment runs from the date on which the last panchnama recording the conclusion of the search was drawn, not from the date of the last authorisation, since block assessment proceeds on the entire material gathered in the search.

Issues

  1. Whether the two-year period of limitation for completing a block assessment under Sections 158BC and 158BE of the Income Tax Act, 1961 commences from the date of the panchnama last drawn or from the date of the last authorisation for search.

Provisions considered

Held

Result

Appeals dismissed; Delhi High Court judgment dated 14.09.2010 setting aside the Tribunal's orders and holding the block assessments within limitation affirmed; no order as to costs.

Judgment PDF: Supreme Court of India, [2023] 3 S.C.R. 1150.