Commissioner of Income Tax vs Apna Organics P. Ltd.

Having heard Mr. Pinto, learned counsel, appearing on behalf of the Revenue, in support of this appeal, which challenges the order passed by the Tribunal dated December 21, 2011, we are of the opinion that the Commissioner of Income-tax (Appeals) as also the Tribunal were justified in arriving at a finding that the proceedings initiated in terms of section 158BD of the Income-tax Act, 1961, are vitiated by enormous and unexplained delay. The search conducted in two cases on August 24, 1998, concluded on October 23, 1998. The intimation issued under this provision is of October 4, 2005. The Tribunal applied the judgment of the hon''ble Supreme Court in the case of Manish Maheshwari Vs. Asstt. Commissioner of Income Tax and Another, , to conclude that a notice issued after lapse of unreasonable time would result in annulment of the proceedings. We do not think that such finding of fact can be termed as perverse or vitiated by any error of law apparent on the face of the record, enabling us to entertain this appeal. The appeal is devoid of merits and is, accordingly, dismissed. No orders as to costs.