- (1.) We have heard Sri S.P.Gupta, the learned senior counsel along with Sri Rakesh Ranjan Agarwal, senior counsel assisted by Sri Suyash Agarwal for the petitioners on the review application filed by the petitioners and Sri Bharatji Agarwal, the learned senior counsel along with Sri Ashok Kumar, the learned counsel for the Income Tax Department.
(2.) Cause shown is sufficient. The delay condonation application No.172676 of 2015 is allowed. Delay in filing the review application No.172677 of 2015 is condoned.
(3.) The present review application has been filed against the judgment dated 27.3.2015. Seven grounds have been urged in the review application, but, what has been stressed is the ground Nos.3 and 4, which for facility is extracted hereunder: (iii) BECAUSE, the inescapable conclusion of the finding that the Petitioners could not challenge the validity of the search and seizure was that the assessment order under the chapter relating to the search and seizure was wholly invalid. (iv) BECAUSE, the Hon'ble Court did not note or consider specifically or refer to the fact that the assessment order had been passed by the Assessing Officer u/s 153A of the Act and there is no plea or contention or argument of the Revenue that the impugned assessment order has been passed under any other provisions.;