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Section 158BE – Income Tax Act, 1961

Income Tax Act, 1961

 

 

Section 158BE. TIME LIMIT FOR COMPLETION OF BLOCK ASSESSMENT.

 

 

(1) The order under section 158BC shall be passed – (a) Within one year from the end of the month in which the last of the authorisations for search under section 132 or for requisition under section 132A, as the case may be, was executed in cases where a search is initiated or books of account or other documents or any assets are requisitioned after the 30th day of June, 1995 but before the 1st day of January, 1997;

 

(b) Within two years from the end of the month in which the last of the authorisations for search under section 132 or for requisition under section 132A, as the case may be, was executed in cases where a search is initiated or books of account or other documents or any assets are requisitioned on or after the 1st day of January, 1997.

 

(2) The period of limitation for completion of block assessment in the case of the other person referred to in section 158BD shall be – (a) One year from the end of the month in which the notice under this Chapter was served on such other person in respect of search initiated or books of account or other documents or any assets requisitioned after the 30th day of June, 1995 but before the 1st day of January, 1997; and

 

(b) Two years from the end of the month in which notice under this Chapter was served on such other person in respect of search initiated or books of account or other documents or any assets are requisitioned on or after the 1st day of January, 1997.

 

Explanation : In computing the period of limitation for the purposes of this section, the period – (i) During which the assessment proceeding is stayed by an order or injunction of any court, or

 

(ii) Commencing from the day on which the Assessing Officer directs the assessee to get his accounts audited under sub-section (2A) of section 142 and ending on the day on which the assessee is required to furnish a report of such audit under that sub-section, shall be excluded.

 

Explanation 2 : For the removal of doubts, it is hereby declared that the authorisation referred to in sub-section (1) shall be deemed to have been executed, – (a) In the case of search, on the conclusion of search as recorded in the last panchnama drawn in relation to any person in whose case the warrant of authorisation has been issued;

 

(b) In the case of requisition under section 132A, on the actual receipts of the books of account or other documents or assets by the Authorised Officer.

 

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Income Tax Act, 1961 

 

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