1 ITXA4650.10.sxw IN THE HIGH COURT OF JDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 4650 OF 2010 The Commissioner of Income Tax Central II, Mumbai ...Appellant. Vs. Mahendra D. Kapadia ..Respondents. Mr. Vimal Gupta with Padma Divakar for the Appellant. Mr. P.J. Pardiwala, Sr. Counsel with Nitesh Joshi i/by Rustamji & Ginwala for the Respondent. CORAM : J.P. DEVADHAR AND A.A. SAYED, JJ. DATE : 15TH JULY, 2011. P.C. 1. Three questions are raised by the Revenue, which read thus: " (a) Whether, on the facts and in the circumstances of the case, the Hon'ble Tribunal, in law, was justified in allowing the appeal of the assessee and in holding that the block assessment order passed u/s 158BC (c) of the Act is bad in law as notice under section 143(2) of the Act was issued beyond the period of twelve months from the end of the month in which the return was furnished? (b) Whether, on the facts and in the circumstances of the case, Hon'ble Tribunal was right , in law, in ignoring the fact that the assessee has never 2 ITXA4650.10.sxw taken any objection either during the course of the assessment proceedings or during the appellate proceedings before the CIT(A) and therefore the assessee shall be precluded from taking any objection to any proceedings or enquiry on the above ground as per section 292BB of the Income Tax Act, 1961? (c) Whether on the facts and in the circumstances of case, the Hon'ble ITAT was right in not considering the provisions of section 292 BB of the Income Tax Act to the facts of the case?" 2. As regards question (a) is concerned, learned Counsel for the parties state that the said question is answered in favour of the assessee by the decision of the Apex Court in the case of ACIT Vs. M/s. Hotel Blue Moon, reported in (2010) 321 ITR 36 (SC). In this view of the matter, this question cannot be entertained. 3. As regards questions (b) and (c) are concerned, it is seen from the order of ITAT that the question as to whether section 292 BB is applicable to the facts of the present case was not even raised before the ITAT. In that event, in the present case, the block assessment relates to the period from 1-4-1995 to 25-9-2001, where as section 292 BB has been introduced by the Finance Act 2008 with effect from 1-4-2008. In our view, section 292 BB would not be applicable to the facts of the present case. In view of the matter, we see no merit in the appeal and the same is dismissed. ( A.A. SAYED, J. ) ( J.P. DEVADHAR , J.)