IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 23RD JUNE 2008 / 2ND ASHADHA 1930 ITA.No. 25 of 2003() -------------------- IT(S&S)A.NO.35(COCH)/1997 of I.T.A.TRIBUNAL, COCHIN BENCH .................... APPELLANT/APPELLANT/ASSESSEE: ---------------------------------------------- SHRI V.M.MATHAI, PARTNER, M/S. V.T.M. BUILDERS, PENTA ESTATE, PALARIVATTOM, KOCHI-682 025. BY ADV. SRI.C.KOCHUNNY NAIR SRI.DALE P.KURIEN RESPONDENTS: RESPONDENT/REVENUE: -------------------------------- THE COMMISSIONER OF INCOME TAX, COCHIN. BY ADV. SRI.GEORGE K. GEORGE, SC THIS INCOME TAX APPEAL HAVING BEEN FINALLY HEARD ON 23/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & V.K.MOHANAN, JJ. .................................................................... I.T. Appeal No.25 of 2003 .................................................................... Dated this the 23rd day of June, 2008. JUDGMENT Ramachandran Nair, J. Heard counsel for the appellant and Standing Counsel for the respondent. The only question raised is whether the block assessment completed is barred by limitation or not. The assessee's contention before the Tribunal was rejected by it on the ground that contrary to assessee's claim that assessment was completed under Section 158BC of the Income Tax Act, the assessment in this case is completed under Section 158BD because assessee is only one of the partners of various firms, the premises of which were searched on 11.1.1996. Since the assessment is found to be one made under Section 158BD, the assessee cannot canvass for limitation provided for assessments under Section 158BC. We, therefore, feel the Tribunal rightly held that the assessment was made under Section 158BD and the same was completed within the time provided for the said assessment. The appeal is accordingly dismissed. C.N.RAMACHANDRAN NAIR Judge V.K.MOHANAN Judge pms