2003 (3) TMI 37 - HC - Income Tax

Whether, Tribunal is justified in holding that the income below the taxable limit of any previous year is not to be included as the undisclosed income of the block period for the purpose of section 158BC, even though such income has not been declared by the assessee by filing the return of the income? - In the instant case, the search under section 132 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, and consequently, we do not find any illegality in the conclusion reached by the Tribunal. We accordingly answer the question referred in the affirmative, that is, in favour of the assessee

Summary

The High Court of Kerala ruled in favor of the assessee, stating that income below the taxable limit of any previous year should not be included as undisclosed income for block assessment if not declared in the return of income. The decision was based on a retrospective amendment to the Income-tax Act, 1961.