2010 (4) TMI 1078 - AT - Income Tax

Summary

Issues Involved:
1. Jurisdiction of the Assessing Officer.
2. Issuance of notice u/s 158BC.
3. Addition of Rs. 3,00,000 in the block assessment.

Summary:

Jurisdiction of the Assessing Officer:
The assessee contended that the block assessment order passed by the Assessing Officer (ACIT, Central Circle-2(3), Ahmedabad) was without jurisdiction as the case was transferred from Ward 6(2) to Central Circle 2(3) without proper authority. However, the Tribunal noted that the assessee did not challenge the jurisdiction during the block assessment proceedings or before any senior Income-tax authorities. The Tribunal emphasized that the assessee voluntarily filed the return for the block period, thereby accepting the jurisdiction of the Assessing Officer. Citing Section 124 of the Income-tax Act and relevant case law, the Tribunal concluded that the objection to jurisdiction cannot be raised after the assessment is completed and dismissed the additional ground of appeal.

Issuance of Notice u/s 158BC:
The assessee argued that no notice u/s 158BC was issued, and only a notice u/s 158BD was served. The Tribunal observed that this issue was not raised before the CIT(A) or in the grounds of appeal before the Tribunal. The Tribunal also noted that the assessee did not provide any material evidence to show that no satisfaction was recorded by the Assessing Officer of the persons searched. The Tribunal held that non-mentioning of the relevant provision of law (u/s 158BC) in the notice is of no consequence if the overall facts and circumstances justify the proceedings. The Tribunal rejected the contention of the assessee on this issue.

Addition of Rs. 3,00,000 in the Block Assessment:
The assessee challenged the addition of Rs. 3,00,000 in the block assessment, arguing that it was already declared in the regular return for the assessment year 2001-02. The Tribunal noted that the assessee did not dispute this addition before the CIT(A). The Tribunal found that the amount of Rs. 3,00,000 was undisclosed income connected with the search conducted in the Shah Finance Group of cases and should be assessed as undisclosed income in the block period. The Tribunal emphasized that the assessee admitted to earning undisclosed income of Rs. 3,49,500 and had given Rs. 3,00,000 to Shri Manharbhai G. Patel. The Tribunal concluded that the authorities below rightly assessed Rs. 3,00,000 as undisclosed income in the block assessment and dismissed this ground of appeal.

Conclusion:
The appeal of the assessee was dismissed in its entirety.