COMMISSIONER OF INCOME TAX Vs. PARAS RICE MILLS

JUDGEMENT

(1.) THE Revenue has preferred this appeal under Section 260A of the IT Act, 1961 (for short, "the Act"), against the order of the Tribunal (Chandigarh 'B' Bench), dt. 7th Oct., 2003 passed In IT(SS) No. 1118/Chd/1996 for the asst. yrs. 1986 -87 to 1996 -97.

(2.) ON 26th Sept., 1995, search and seizure action under Section 132(1) of the Act was carried out at the business premises of the assessee and assessment under Section 158BC was completed. The assessee preferred an appeal and also raised additional grounds against validity of search. The Tribunal held that search and seizure was illegal as no material was produced before the Tribunal to show that the requirements of Section 132(1) of the Act were complied with.

(3.) LEARNED Counsel for the Revenue does not dispute that against raising of additional grounds, an appeal, being ITA No. 129 of 2002 was preferred before this Court, which was dismissed on 16th June, 2003.