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TMI Blog2010 (4) TMI 857X X X X Extracts X X X X X X X X Extracts X X X X ..... J.- 1. The assessee has come up in this appeal being aggrieved by the concurrent findings of the order passed by the Assessing Officer which has been confirmed by the Commissioner of Income-tax (Appeals) and further confirmed by the Income-tax Appellate Tribunal in IT (SS) A No. 13/B/02, dated March 28, 2005. At the time of admission the appeal is admitted to consider the questions of law. During the course of arguments, the learned counsel for both the parties submit that the following questions would arise in this appeal. Therefore, on the submis- sion we have considered the following substantial questions of law : "1. Whether the Tribunal is justified in law in holding that the income admitted by the appellant in the regular ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,000 1998-99 15-09-1997 6,000 15-12-1997 6,000 14-03-1998 8,000 3. Though the assessee was regular in paying the taxes but was not in the habit of filing returns. The search was conducted on the premises of one Sri B. S. Amaranarayana Gupta and others on November 17, 1998. Certain documents were seized from the premises of B. S. Amaranarayana Gupta. Thereafter, on November 27, 1998, the assessee filed regular returns of income for the assessment years. The Assessing Officer issued a notice to the assessee under section 158BD on April 23, 1999, and treated the entire income for the block assessment year as undisclosed income. Accordingly, an order of assessment was co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts he has also relied upon the decision of the Madras High Court in the case of Asst. CIT v. A. R. Enterprises [2005] 274 ITR 110. Relying upon the aforesaid judgment, he requests the court to allow the appeal. 5. Per contra, learned counsel for the Revenue contends that the conten- tions urged by the learned counsel for the appellant cannot be appreciated. According to him, due to non-filing of the return on time, the return has to be treated as invalid and the same has to be rejected. When there is no valid return filed the authorities were justified in initiating proceedings by issuing notice under section 158BD of the Act. Therefore, the questions of law are to be answered against the assessee. 6. Having heard the learned counse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on to offer her income to the tax and not to hide or conceal the income. If really the intention of the assessee was to conceal her income, she would not have paid the advance tax on time. 9. It is no doubt true that the return has not been filed by the assessee within the stipulated time in every assessment year. Even in this case before issuing notice under section 158BD the return had been filed by the assessee. A search has not been conducted on the premises of the assessee herein but the same had been conducted in the premises of Amarnarayan Gupta and others. It is the case of the assessee that even in the search con- ducted, no material concerning the assessee was seized from the house of the Amar Narayana Gupta. Therefore, Mr. Sh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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