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TMI Blog2014 (5) TMI 596X X X X Extracts X X X X X X X X Extracts X X X X ..... er - from the records of the Block proceedings, no indication appears that the issue was discussed with the assessee at any stage of the Block assessment proceedings - filing of the regular return for the AY 2002-03 was within the knowledge of the AO at the time of completing the Block assessment order dated 30.09.2004, but the AO while passing the Block order has failed to take into account the correct position of law – the vital issues were not examined by the Tribunal before passing the order – thus, the order of the Tribunal is set aside and the matter is remitted back to the Tribunal for fresh adjudication and the answer to the substantial question of law is not required - Decided in favour of Revenue. - Income Tax Appeal No. - 422 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. 1,48,94,580/-. On 01.09.2004, the assessee had filed a regular return for the assessment year 2002-03 (which falls within the block period) by showing the income of Rs. 53,27,812. The same was accepted by the A.O. However, on 19.04.2005, the C.I.T., after issuing a proper notice, has passed an order under Section 263 of the Income Tax Act and rejected the claim of the assessee for the income of Rs. 53,27,812/- shown for the assessment year 2002-03 by observing that the return was filed belatedly. The full advance tax was not paid. Finally, the C.I.T. has directed the A.O. not to allow the claim of the assessee for the disclosed income 2002-03 to the tune of Rs. 53,27,812/-. Being aggrieved, the assessee has filed an appeal before the Tri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... completing the block assessment, the income shown in the return for the assessment year 2002-03 cannot be accepted and the same will have to be treated as undisclosed income for the block period. The A.O. has wrongly accepted the return. According to Section 158BB(1)(ca), the income declared for the belated return for the assessment year 2002-03 could not be reduced from the disclosed income. The notice issued under Section 148 cannot in any way affect the return by virtue of section 158BB(1)(ca). The order passed by the A.O. was erroneous, in so far as it was prejudicial to the interest of the revenue. Lastly, he made a request to set aside the impugned order and restored the order passed by the CIT under Section 263 of the Act. On the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , Kanpur U/S 263 would lead to double taxation. The order of Hon'ble ITAT in the Regular Assessment of AY:2002-03 has already been filed before this Hon'ble Court. Further, in due course of search at the premises of the respondent, some jewellery Indira Vikas Patras, were seized. These were treated in the hands of respondent's wife Dipti Agarwal his father Mr. Anand Agarwal. Both are Income Tax Assessees and true copy of their Hon'ble ITAT block assessment order is enclosed herewith as Annexure 3 4 of the written submission. To support of his arguments, he relied on the ratio laid down in the following cases :- (a) Commissioner of Income Tax Vs. Mrs. Kumkum Kohli (2005) 589 (Delhi); and (b) Assistant commissio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le to tell the status of the said application. There is no discussion whatsoever about this issue in the Block assessment order. Also from the records of the Block proceedings, no indication appears that this issue was discussed with the assessee at any stage of the Block assessment proceedings. From the records, it also appears that filing of the regular return for the assessment year 2002-03 was within the knowledge of the A.O. at the time of completing the Block assessment order dated 30.09.2004, but the A.O. while passing the Block order has failed to take into account the correct position of law. From the above, it appears that these vital issues were not examined by the Tribunal before passing the impugned order, though, the sam ..... X X X X Extracts X X X X X X X X Extracts X X X X
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