2010 (8) TMI 160 - HC - Income Tax

Computation of undisclosed income u/s 158BB (1) - evidence was submitted with the department before the date of search - search and seizure operation at his residence as well as office premises - section 158 BC, the procedure for block assessment co-relate with the period of block assessment in lieu of search and seizure - Held that - income disclosed while filling a regular return seems to be correct and proper appreciation of law - question is answered against the revenue - Appeal is dismissed

Summary

Issues:
Interpretation of Section 158BB of the Income Tax Act regarding undisclosed income for the block period in relation to evidence submitted before the date of search.

Analysis:
The case involved the interpretation of Section 158BB of the Income Tax Act regarding undisclosed income for the block period in relation to evidence submitted before the date of search. The appellant, who was a General Manager with a company, faced a search and seizure operation, leading to the assessment under Section 158BC of the Act. The issue arose when the Assessing Officer treated a disclosed loan amount as undisclosed income prior to the search, which the Tribunal found to be incorrect. The Tribunal held that the Assessing Officer cannot merge income disclosed through regular return into block assessment. Section 158BC outlines the procedure for block assessment in cases of search and seizure. On the other hand, Section 158BB deals with undisclosed income of the block period based on evidence found as a result of search and seizure, excluding income disclosed in regular returns.

The Tribunal found that the Assessing Officer cannot go beyond the block period while conducting block assessment and that disclosed income in regular returns should be dealt with separately. Section 158BB specifically relates to undisclosed income of the block period based on evidence found during search and seizure, not covering income disclosed in regular returns. The Tribunal's interpretation was deemed correct, leading to the confirmation of their order against the revenue. The judgment clarified the distinction between undisclosed income for the block period and income disclosed through regular returns, emphasizing the importance of adhering to the provisions of the Income Tax Act in such assessments.