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TMI Blog2011 (2) TMI 270X X X X Extracts X X X X X X X X Extracts X X X X ..... any material examined during block assessment proceedings - Decided against the assessee - 383 of 2006 - - - Dated:- 1-2-2011 - MR. JUSTICE ADARSH KUMAR GOEL, MR. JUSTICE AJAY KUMAR MITTAL, JJ. Mr. Yogesh Putney, Senior Standing Counsel for the appellant-Revenue. AJAY KUMAR MITTAL, J. The paper-books of Income Tax Appeal Nos. 383 and 384 of 2006, which are being disposed of by a single order as similar questions of law have been raised therein, have not been received from the concerned Branch as the same are said to have been burnt in the fire incident that took place in the premises of this Court on the night of 30th January, 2011. Learned counsel for the appellant has made available two copies of paper-book of each ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the residential as well as business premises of the aforesaid firms which concluded on 10.11.2000. The Commissioner of Income Tax (in short the CIT ) transferred the matter vide order passed under Section 127 of the Act, to the Deputy Commissioner Income Tax, Central Circle, New Delhi, but the assessee challenged the said order before this Court and succeeded. Resultantly, the period during which the matter remained pending before the wrong forum, i.e. from September 2001 to 31.7.2002, was excluded from the statutory period for completion of assessment proceedings under Section 158BC of the Act. Later on a notice under Section 158BC was issued and served on the assessee on 5.2.2003. The assessee in compliance thereto filed return of income ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st of the revenue. The Tribunal while allowing the appeal had failed to appreciate the reasons given by the CIT for resorting to the action against the appellant under the provisions of Section 263 of the Act. Nothing has been referred by the Tribunal which may justify passing of block assessment order by the assessing officer under reference. A reading of the assessment order spells out that the assessing officer had mechanically accepted the returned income without scrutinising or referring to any material examined during block assessment proceedings. In view of the above, the question of law is answered in favour of the Revenue and it is held that resort to action under Section 263 of the Act by the CIT was justified. The appeals are ..... X X X X Extracts X X X X X X X X Extracts X X X X
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