2007 (4) TMI 181 - HC - Income Tax

AO can t assess undisclosed income under block assessment on basis of material fund during the search which is not related to assessee additions can be made only in respect to the relevant assessment year in the block period.

Summary

Issues:
1. Validity of assessment order under Section 158BD read with 158BC and 143(3).
2. Interpretation of Section 158BB in relation to undisclosed income computation.

Analysis:

Issue 1: Validity of assessment order under Section 158BD read with 158BC and 143(3)

The case involved a Hindu Undivided Family (HUF) subjected to a search under Section 132 of the Income Tax Act. The Assessing Officer passed an assessment order under Section 158BD read with 158BC and 143(3), determining undisclosed income for various assessment years. However, the Commissioner of Income Tax later held that the seized materials were not connected to the HUF's business, and there was no basis for invoking Section 158BD. The Commissioner emphasized that undisclosed income should be computed based on evidence found during the search, which was lacking in this case. The High Court concurred, stating that without material connecting the HUF to undisclosed income, invoking Section 158BD was unjustified. The court emphasized the importance of evidence linking the assessee to undisclosed income for a valid assessment under the specified sections.

Issue 2: Interpretation of Section 158BB in relation to undisclosed income computation

The key question raised in the appeal was whether the Tribunal's decision on the computation of undisclosed income was correct. The Tribunal partially allowed the appeal, leading to further scrutiny by the High Court. The court emphasized that Section 158BB mandates computing undisclosed income based on evidence found during the search or related material. In this case, as the seized materials did not pertain to the HUF, the court held that assessing undisclosed income without any relevant material was unwarranted. The court stressed that the Revenue must establish a connection between the assessee and undisclosed income through valid evidence, as per the provisions of the Act. Ultimately, the court dismissed the appeal, finding no substantial question of law and upholding the Tribunal's decision regarding the computation of undisclosed income.

In conclusion, the judgment highlighted the significance of valid evidence linking the assessee to undisclosed income for a lawful assessment under the Income Tax Act. It underscored the need for material found during a search or related information to substantiate claims of undisclosed income, as outlined in the relevant sections of the Act.