disclosed of amount of Rs.117 lakhs net in the block assessment.
The appellant was on a promotion holding the office of an
Assistant Commissioner ... Commissioner of Income Tax
Reason:
which was granted on 28.4.1997. The block assessment were computed
2
but excluding the amount disclosed and shown
lacs was
requisitioned on 03.06.2000 and seized. Proceeding for
assessment for the block period from 01.04.1991 to
3
03.06.2000 under Section 158BD ... train by the
police authorities and, therefore, the proceedings
initiated for block assessment period 1st April, 1991 to
3rd June, 2000 are without jurisdiction.
This
therefore, the taxes paid pursuant to the return filed in
the block assessment is liable to be refunded by holding that the
judgment ... Apex Court in 261 ITR 367 is not applicable to the
block assessment proceedings, especially in view of Section 158BH
of the Act?"
Dasti
Respondents
JUDGMENT
RANJAN GOGOI, J.
1. Leave granted.
2. The block assessment of the respondent-assessee for the
assessment years
assessment of the Revenue even in case of the
block assessment under Section 153-A of the Act have been saved.
As observed hereinabove
authorities.
(iii) The authorities shall examine the validity of ex-parte
block assessment orders and also the question whether
it was a case of framing ... block assessment. All the
questions shall be open to the appellate authority who
will consider it in accordance with law preferably within
a period
appellant before us. The
controversy relates to the assessment for the block period
01.01.1985 to 24.08.1995. On two dates, viz., 24.08.1995 and
25.08.1995, while ... income which can be added under Section 158 BC for the block
assessment period in question. In an appeal filed under
Section 260A
Therefore, taking into consideration the
average yield in the last assessment years, the Assessing Officer
treated the same as unexplained income and made the additions ... made in the case of assessee’s group in the block assessment on the
basis of the books so found. Therefore, it was found that
Verified
Digitally signed by
Rajni Mukhi
Date: 2016.03.01
been paid for the Assessment Years 2000-2001 and
15:59:52 IST
Reason ... assessment in the assessee's case for the block
Assessment Years in question.
With the above observations and directions, the
appeals are disposed
Income Tax (Appeals) and
Income Tax Appellate Tribunal had quashed the block
assessment proceedings on certain other grounds as well
which were also challenged
