basis of two
allegedly comparable cases cited by him in the block assessment
10 I.T.(SS)A. Nos. 94 & 88/Hyd/2004 ... assessee-company and also gone through the facts narrated in the
block assessment order. He observed that analysis of seized
documents have clearly indicated that
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
preliminary legal ground of non-
existence of jurisdiction, in framing the Block Assessment
order dated 22.08.2005, whereby undisclosed income was
determined ... during the search which
can be the basis of addition in block assessment.
3. On the facts and circumstances of the case, the order
passed
search, assessment
proceedings in the case of the assessee-company were initiated u/s.
158BC. Assessment order for the relevant block period was passed ... assessment order but deleted by the
Tribunal. From the discussion reproduced by the Assessing Officer in
his assessment order and extracted from the block assessment
undisclosed income under block
assessment. Though the issue of bogus sale and assessment of
undisclosed income under block assessment does not require any further
discussion ... Hina Produced during the
block period, Quantity wise details of items, produced during the
block period were submitted during the assessment proceedings
On the basis
recording of sworn statement,
the assessment made is not a valid assessment order:
(ii) even presuming that the impugned assessment order is
made ... Subramanian and
for the same block period. The learned counsel for the
assessee has inter-alia assailed the block assessment
proceedings in the case
registered sale deeds in the regular
assessment for the impugned assessment year and not in the block
period. However, learned A.R. pointed out that ... date of search in a regular assessment. Therefore, according to
him, the regular assessment done for impugned assessment year had to
be quashed
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
