bgp bgp bgp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION INCOME INCOME INCOME TAX APPEAL NO.1211 OF 2008 TAX APPEAL NO.1211 OF 2008 TAX APPEAL NO.1211 OF 2008 The Commissioner of Income Tax-15 ..Appellant Vs. M/s.Plastika Enterprises ..Respondent Mr.K.R.Chaudhari a/w.Ms.Anuradha Mane for the Appellant. Ms.A.Vissanjee a/w.Mr.S.J.Mehta for the Respondent. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & V.C.DAGA, V.C.DAGA, V.C.DAGA, JJ. JJ. JJ. DATE DATE DATE : 15TH DECEMBER, 2008 : 15TH DECEMBER, 2008 : 15TH DECEMBER, 2008 P.C. P.C. P.C. 1. Heard the learned Counsel for the parties. Perused the Affidavit dated 3rd December, 2008 filed by the Deputy Commissioner of Income Tax. For the reasons stated in paragraph No.7 of the said Affidavit, we recall our order dated 19th November, 2008 regarding the imposition of costs on the Appellant, quantified at Rs.5000/- to that limited extent only. It appears from the said Affidavit that the Respondent has already been served in the above matter. 2. By way of the present Appeal, the Appellant is seeking to raise the following substantial questions of law: (A) Whether on the facts and in the circumstances of the case the Hon’ble Tribunal is justified in law in holding that the assessment completed by the A.O. is barred by limitation ? (B) Whether on the facts and in the circumstances of the case the Hon’ble Tribunal is justified in law in holding that the last Panchanama drawn on 20.09.2000 cannot be taken :2: into account for the purpose of calculation of time limit u/s.158 BE for completion of assessment? (C) Whether on the facts and in the circumstances of the case, the Hon’ble Tribunal is justified in adjudicating the issue of validity of Panchanama drawn on 31.08.2000 and 20.09.2000 even though the Panchanama is prepared during the course of search action under Section 132 and therefore is not part of assessment proceedings ? (D) Whether on the facts and in the circumstances of the case the Hon’ble Tribunal is justified in law in holding that there was no suppression of sales by the assessee in A.Ys.1997-98 and 1998-99 even though the assessee had admitted suppression of sale in these 2 years before the sales tax authorities? 2. The learned Counsel for the Respondent produced before us the xerox copy of the Panchanama dated 5th August, 2000, which categorically mentions that the stock valued at Rs.1,61,55,035/- was seized on that day. It appears that the Department is seeking to rely on the subsequent Panchanama dated 20th September, 2000 which only mentions that the Inventory of Stock valued at Rs.1,61,55,035/- as per the inventory made on 4/5th August, 2000. In fact, on 20th September, 2000 nothing has been done by the Revenue. The Revenue has merely inspected the premises and found the seal tobe in-tact. Paragraph No.2 of the said panachanama dated 20th September, 2000 mentions that; 2. As today’s search was in continuance of the proceedings on 31st August, 2000, we along with the aforesaid authorised officers before the commencement of proceeding today, inspected the seals which had been placed on that date and found them to be intact/tampered with as narrated in the enclosures. . Annexure-2 of the said panchanama dated 20th September, 2008 mentions that; :3: Stock valued at Rs.1,61,55,035/- (Rupees one crore sixty one lakhs, fifty five thousand and thirty five) as per inventory made on 4/5.08.2000. 3. It is apparent that the panchanama dated 20th September, 2000 and the visit of the Revenue to the premises appears to have been made only to get over the limitation issue. Under these circumstances, we are not at all inclined to entertain Question Nos.(A), (B) and (C), and in view thereof, the Question (D) does not survive. Hence, the Appeal stands dismissed. (V.C.DAGA,J.) (V.C.DAGA,J.) (V.C.DAGA,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)