1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. INCOME TAX APPEAL NO.2252 OF 2009 The Commissioner of Income Tax-12 ..Appellant. Vs. M/s. Hermes Developers ..Respondent. .... Mr. Suresh Kumar for the Appellant. Mr. S.C. Tiwari with Ms Meghana Butala for the Respondent. ..... CORAM : DR.D.Y.CHANDRACHUD & J.P.DEVADHAR, JJ. 24th February, 2010. P.C. : The question of law which is sought to be raised by the Revenue in this appeal under Section 260-A of the Income Tax Act, 1961 relates to whether the Tribunal was correct in holding that the action under Section 158-BD was barred by limitation though according to the Revenue no time limit has been prescribed by the provision. In our view, it would not be necessary for this Court to answer the question of law as formulated by the Revenue in view of the finding of fact which has been arrived at in paragraph 8 of the judgment of the Tribunal. The Tribunal has held therein that the assessing officer who had jurisdiction over the case of another assessee, one Shri Mathuradas Thakkar had not recorded any satisfaction 2 to the effect that some undisclosed income belonging to the assessee was found during the course of search, nor did he intimate the assessing officer of the assessee of his satisfaction. The assessing officer did not handover the relevant books of account or document seized to the assessing officer of the assessee on or before the completion of the assessment under Section 158-BC in the case of Shri Mathuradas Thakkar. This view of the Tribunal is consistent with the law laid down by the Supreme Court in Manish Maheshwari v. Assistant Commissioner of Income Tax1. As a matter of fact, the Tribunal has placed reliance on the judgment of the Supreme Court. In view of this finding, the question as to whether the notice that was issued under Section 158-BD was beyond limitation would not fall for determination. The Appeal, in the circumstances, does not raise any substantial question of law and is accordingly dismissed. (Dr. D.Y.Chandrachud, J.) (J.P. Devadhar, J.) 1 289 ITR 341 (SC).