9911796707
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Issues:
1. Dismissal of assessee's appeal by CIT(A) as un-admitted under section 249(4)(a). 2. Discrepancy in the undisclosed income declared by the assessee. 3. Validity of revised block return of undisclosed income. 4. Interpretation of provisions under sections 158BC, 143(2), 139(5), 158BA, and 158BB. 5. Assessing Officer's discretion in block assessment proceedings. 6. Applicability of judgments in similar cases. Issue 1: Dismissal of assessee's appeal by CIT(A) as un-admitted under section 249(4)(a): The appeal was filed against the block assessment order under section 158BC. The CIT(A) dismissed the appeal as un-admitted due to non-payment of tax on the self-admitted undisclosed income. The assessee argued that the undisclosed income had already been declared in the regular books of account for a previous assessment year and requested exemption from paying taxes. The CIT(A) held that the assessee failed to pay the tax due before filing the appeal, leading to the dismissal of the appeal. Issue 2: Discrepancy in the undisclosed income declared by the assessee: During the hearing, the assessee claimed that the same amount of undisclosed income was mistakenly included in the block return, which had already been offered for taxation during regular assessment proceedings. The assessee revised the block return to nil and argued that the CIT(A) erred in not considering the revised return. The Assessing Officer rejected the contention, stating it was not verifiable from the seized books of account. Issue 3: Validity of revised block return of undisclosed income: The assessee contended that there was no provision for revising the block return under section 158BC, unlike section 139(5). The counsel cited relevant judgments to support the argument that errors in the return should be rectified during assessment proceedings. Issue 4: Interpretation of provisions under sections 158BC, 143(2), 139(5), 158BA, and 158BB: The provisions of sections 158BC, 143(2), 139(5), 158BA, and 158BB were analyzed concerning the filing and revision of returns, assessment procedures, and exclusion of income already recorded in regular assessments from block assessments. Issue 5: Assessing Officer's discretion in block assessment proceedings: The Assessing Officer considered the assessee's plea regarding the inclusion of income already assessed in regular proceedings but found it unacceptable. The Tribunal directed the CIT(A) to verify if the admitted income in the block return had been previously assessed and taxes paid, allowing for a decision based on merit. Issue 6: Applicability of judgments in similar cases: The Tribunal referred to relevant judgments to establish the assessee's right to rectify errors in the return during assessment proceedings and the exclusion of income already assessed from block assessments. The Tribunal restored the issue to the CIT(A) for further examination based on the facts presented. This detailed analysis of the judgment highlights the various legal issues addressed and the interpretations made concerning the assessment and appeal process under the Income-tax Act.
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