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2004 (7) TMI 80 - HC - Income TaxSearch and seizure block assessment section 158BB was amended with effect from July 1, 1995 - held that since the search under section 132 of the Income-tax Act, 1961, was conducted on November 22, 1995, that is after the retrospective amendment of sub-clause (B) of clause (c) of sub-section (1) of section 158BB, the income below the taxable limit of a previous year could not be included as undisclosed income of the block period In respect of addition made in the assessment in respect of income from pachai business , Assessing Officer had confused himself in pointing out the purchase figure and consumption figure as was rightly found by the learned Tribunal. - Held that the income for block assessment under search and seizure procedure is to be computed strictly on the basis of the documents seized; and it cannot proceed on conjectures and/or surmises and arrive at an estimation instead of computation Held that word computation connotes a different meaning than estimation or appraisal Revenue appeal dismissed
Issues involved:
1. Interpretation of section 158BB(1)(c) of the Income-tax Act, 1961 regarding disclosed income for block assessment. 2. Inclusion of income below taxable limit in block assessment before and after the Finance Act, 2002. 3. Deletion of addition made in assessment regarding income from 'pachai business'. Issue 1: Interpretation of section 158BB(1)(c) regarding disclosed income for block assessment: The High Court analyzed the interpretation of section 158BB(1)(c) of the Income-tax Act, 1961 in the context of disclosed income for block assessment. The Court referred to precedents like CIT v. M.M. George and CIT v. M.M. Thomas to establish that income below the taxable limit could not be included in the block assessment. The Court noted that the amendment brought about by the Finance Act, 2002 with retrospective effect from July 1, 1995, clarified this aspect. The Court held that the amendment should be deemed to have been in force at the time of search and seizure, justifying the exclusion of income below the taxable limit. The Court ruled in favor of the assessee based on these interpretations. Issue 2: Inclusion of income below taxable limit in block assessment before and after Finance Act, 2002: The Court examined the scenario where income below the taxable limit was sought to be included in the block assessment before and after the Finance Act, 2002. The Court noted that the law prior to the amendment in 2002 created confusion regarding the inclusion of such income. However, post the amendment, the law clarified that income below the taxable limit should not be included. Referring to the Kerala High Court judgments, the Court held that the amendment should be considered applicable at the time of search and seizure, leading to the exclusion of such income. The Court ruled in favor of the assessee based on these legal principles. Issue 3: Deletion of addition made in assessment regarding income from 'pachai business': The Court analyzed the deletion of the addition made in the assessment concerning income from 'pachai business'. The Court considered arguments regarding the explanation provided by the assessee and the Assessing Officer's assessment based on documents SM-15 and SM-16. The Court referred to principles established in various tribunal decisions regarding computation of income for block assessment. The Court delved into the meanings of "computation," "assessment," "estimate," and "appraisal" to determine the correct approach in such cases. Ultimately, the Court upheld the Tribunal's decision, finding it in line with established legal principles and not based on no material or perversity. The Court ruled in favor of the assessee on this issue as well. In conclusion, the High Court dismissed the appeal, ruling in favor of the assessee on all the issues discussed. The judgment provided a detailed analysis of the legal interpretations and principles applied to each issue, ensuring clarity and adherence to the law in the decision-making process.
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