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TMI Blog2015 (6) TMI 28X X X X Extracts X X X X X X X X Extracts X X X X ..... 148 could have been issued again to assess/reassess the income which has already been assessed. The grounds of appeal taken by assessee are reproduced below: "1. That the notice issued U/s 148 and reassessment order passed by the assessing officer are illegal, bad in law, without jurisdiction and against the principle of natural justice. 2. That in view of the facts and circumstances of the case and in law the Ld. CIT(A) has erred in ignoring the fact that AO has already included the reassessed income in the block assessment order and notice U/s 148 cannot be issued to again assess I reassess the income that has already been assessed and taxed by the AO previously . 3. That in view of the facts and circumstances of the case and in law th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e residence of office of the appellant. 8. That the addition of Rs. 27,60,000/- made is illegal, bad in law and made on irrelevant grounds and based on surmises and conjectures and mere guesswork. 9. That the additions made are illegal, unjust and bad in law and are based on mere surmises and conjunctures and the same cannot be justified by any material on record. 10. That the various observations made by the AO and CIT(A) are illegal, bad in law and contrary to facts on record , without any material on record and on basis of surmises and conjectures. 11. That the AO and CIT(A) while passing the impugned orders have grossly erred in ignoring the well established principles of law. 12. That the evidences filed and materials available on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... u/s 158BC on the basis that the assessment was time barred and, therefore, the Revenue went in for appeal before Hon'ble High Court and Hon'ble High Court had also admitted the substantial question of law and in this respect, Ld. A.R. invited our attention to order dated 24.03.2008 of Hon'ble High Court. Therefore, it was submitted that the addition confirmed by Ld. CIT(A) in the year is already subject matter of addition u/s 158BC and, therefore, the addition cannot be again made by issuing notice u/s 148 of the Act. To support his contention that addition was already considered in the said order u/s 158BC, the Ld. A.R. invited our attention to paper book pages 39-63 and specifically took us to paper book page 58 where the sai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... below and submitted that ITAT had allowed relief to the assessee on legal issue and the merits of the case were not discussed and, therefore, the action for making assessment of escaped income was justified. 5. We have heard rival parties and have gone through the material placed on record. We find that an order u/s 158BC dated 29.05.2001 placed at paper book pages 39-63 was passed as block assessment wherein the income of the assessee proposed to be assessed by issuing notice u/s 148, was already assessed to tax vide that order. The Hon'ble Tribunal had allowed relief holding that the order passed u/s 158BC was time barred. The appeal filed by Revenue is pending before Hon'ble High Court. However, the question has been admitted vide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7 The answer in my opinion could be in the negative. 3.1.7 The provisions of section 147 are meant for bringing to tax the income which has escaped assessment. In the garb of section 147, it may not be correct to assess the income which could not be assessed due to non-adherence to the limitations prescribed under the Act. It is pertinent to note that in case Hon'ble High Court upholds revenue's appeal against ITA T's order squashing order u/s I58BC the present assessment made u/s 148 could amount to double taxation of the same income. In such scenario the assessee would be put to great hardship. When the department has not accepted the order of IT A T, I am of the view that, the AO cannot treat the income duly assessed u/s I58 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as per sec. 158BF) to income assessable under the chapter. Therefore income unearthed during action u/s 132 or 132A can be subject matter of assessment only under chapter XIV -B which provides for special way .of taxing such income. If the A.O. has missed the bus, due the action u/s 158BC getting time barred, I do not think he can treat it as escaped income. For income discovered U/S 132, the provisions of sec. 147 are not applicable. Therefore, I hold that the invocation of jurisdiction u/s 147 by the AO is illegal and bad in law." 6. Ld. A.R. has stated at the bar that no appeal has been field by Revenue against above Ld. CIT(A)'s order and Ld. D.R. also could not controvert the statement of Ld. A.R., therefore the findings of Ld. CIT(A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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