Section 158BECentral Act

Section 158BE: Time-limit for completion of block assessment

The Income-tax Act, 1961

Time-limit for completion of block assessment.

- [(1) The order under section 158-BC 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 132-A, 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 132-A, 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 158-BD 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 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 are requisitioned on or after the 1st day of January, 1997.]

[Explanation 1. - In computing the period of limitation for the purposes of this section,-

(i)

the period during which the assessment proceeding is stayed by an order or injunction of any Court; or

(ii)

the period commencing from the day on which the Assessing Officer directs the assessee to get his audited under sub-section (2-A) 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; or

(iii)

the time taken in reopening the whole or any part of the proceeding or giving an opportunity to the assessee to be re-heard under the proviso to section 129; or

(iv)

in a case where an application made before the Settlement Commission under section 245-C is rejected by it or is not allowed to be proceeded with by it, the period commencing on the date on which such application is made the ending with the date on which the order under sub-section (1) of section 245-D is received by the Commissioner under sub-section (2) of that section, shall be excluded:

Provided that where immediately after the exclusion of the aforesaid period, the period of limitation referred to in sub-section (1) or sub-section (2) available to the Assessing Officer for making an order under clause (c) of section 158-BC is less than sixty days, such remaining period shall be extended to sixty days and the aforesaid period of limitation shall be deemed to be extended accordingly.] [ Substituted by Act 20 of 2002, Section 68, for Explanation 1 (w.e.f. 1.6.2002).][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 132-A, on the actual receipt of the books of account or other documents or assets by the Authorised Officer.]

Sec 158BD — Undisclosed income of any other person

Sec 158BF — Certain interests and penalties not to be levied or imposed

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