Block assessment years 1987-88 to 1997-98 (Upto 24.9.1996).
For Appellant : Dr.Anita Sumanth
For Respondent: Mr.T.Ravi Kumar
Standing Counsel
JUDGMENT
(Judgment ... Tribunal raising the following substantial questions of law relating to the Block Assessment covering the assessment years 1987-88 to 1997-98 (Upto
assessment
made under Chapter XIV-B and both the
proceedings that is assessment of income
under section 143(3) and assessment in the
block period ... assessment. Therefore, if any income is
assessed under the regular assessment that
cannot be taxed twice while making the
assessment of the block period
block assessment period 1987-88 to 1996-97. The said assessment was made consequent on the search conducted on 13.2.1996. Aggrieved by the assessment ... Authority competent to make the block assessment - The order of assessment for the block period shall be passed by an Assessing Officer not below
that there is difference between a block
assessment and regular assessment. According to
him, in a block assessment only that income can be
subjected ... income of the
block period.
61.3.1 Some appellate authorities have
held that income which can be included in
the block assessment is only such income
have been completed within two years from 30.9.2000
and since the block assessment is completed by the
Assessing Officer only on 26.6.2003, the assessment
being ... computation of undisclosed income of
the block period. Section 158-BC prescribes the
procedure for making the block assessment of the
searched person. Section
block period will not form part of the undisclosed income for the block period. While computing income for the purposes of block assessment the assessee ... were allowed in regular assessment for respective assessment years while computing undisclosed income under Section 158BB (i) for the block period
meaning thereby proceeding for settling the assessment under the Act in respect of any assessment year or assessment years pending before the Assessing Officer ... assessment of the undisclosed income as a result of the search, the assessment of the undisclosed income of any other person, the procedure for block
search under
Section 132 of the Act resulting in initiation of block assessment
proceedings for the period 1st April, 1988 to 22nd June ... records as under:
" Please refer to block assessment
proceedings for the period 1.4.1988 to 22.6.1998
pending in your case. In this connection since
Bench, dated 07.07.2005 in IT(SS) A.No.53/Mds/2002 Block Assessment Period 1986-87 to 1996-97.
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For appellant : Mr.T.R.Senthil ... against the order of the Tribunal in respect of the block assessment period 1986-87 to 1996-97.
2. It is seen from the records
shall apply to the
assessment made under this section;
(ii) in an assessment or reassessment made
in respect of an assessment year under this
section ... assessee to
furnish returns for each assessment year falling within the six
assessment years immediately preceding the assessment year relevant
