2004 (2) TMI 52 - HC - Income Tax

Block; assessment - Whether the Joint Commissioner is required to give a hearing to the assessee; and whether failure to do so will violate the principles of natural justice and thereby invalidate the previous approval as also the order of assessment for the block period? Held that, in the absence of any provision for opportunity of hearing in section 158BG, there is any need for the Joint Commissioner to give a hearing to the assessee before granting previous approval u/s 158BG - There is no reason to interfere with the finding that Rs. 22 lakhs is the undisclosed income. There is no infirmity or violation of principles of natural justice - Tribunal is correct in law in holding that the amount of Rs. 22 lakhs constitutes income in the hands of the appellant and others

Summary

Issues:
1. Whether the Joint Commissioner is required to give a hearing to the assessee before granting previous approval under section 158BG for making an order of assessment for a block period?
2. Whether the Tribunal correctly held that a certain amount constitutes income in the hands of the appellant and others without hearing them?
3. Whether the appellant is liable to be assessed for income on account of deficit stock?

Analysis:
1. The first issue pertains to whether the Joint Commissioner is required to provide a hearing to the assessee before granting previous approval under section 158BG for making an assessment order for a block period. The court analyzed that the statute does not mandate such a hearing, and principles of natural justice do not necessitate it as the assessee already has opportunities for a hearing during assessment and appeal processes. The court emphasized that the previous approval is an administrative matter and does not determine the rights of the assessee. Citing legal precedent, the court concluded that in the absence of a statutory provision for a hearing, the Joint Commissioner is not obligated to provide one, ruling against the assessee on this issue.

2. The second issue revolves around the Tribunal's decision regarding the addition of a certain amount to the appellant's income without hearing them. The Tribunal found that the interest amount in question was earned through various sources, including funds from the appellant, his Hindu undivided family, and his daughter-in-law's proprietary concern. The court upheld the Tribunal's decision, stating that the finding was based on the appellant's admission, which was not disputed. The court further explained that the Tribunal's direction to tax the balance in the respective cases did not violate principles of natural justice, as it implied compliance with legal procedures, including issuing notices and granting hearings to the concerned parties. Therefore, the court determined that this issue did not warrant further consideration.

3. The final issue concerns the liability of the appellant for income on account of deficit stock. The court noted that this issue was purely factual and did not involve any legal questions. The appellant's counsel conceded that there was no substantial question of law involved in this matter. Consequently, the court dismissed the appeal on this issue for lacking merit.