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TMI Blog2008 (2) TMI 341X X X X Extracts X X X X X X X X Extracts X X X X ..... artment is entitled to levy surcharge as the proviso introduced on that is only curative in nature - 2622 and 2686 of 2006 and others - - - Dated:- 15-2-2008 - K. RAVIRAJA PANDIAN and CHITRA VENKATARAMAN JJ. Tax Case (Appeal) Nos. 2622 and 2686 of 2006 and 91, 93 to 96, 118, 184, 399, 1299 to 1302 and 1374 of 2007. J. Naresh Kumar for the appellant. Venkatanarayanan for M/s. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly served. The first tax case in T.C.No.2622 of 2006 is taken up as a typical case. In that case, there was a search under Section 132 in the residential premises of the assessee on 22.6.1999. A block assessment was framed for the block period 1.4.1989 to 20.8.1989, and the block assessment order was passed on 27.8.2001. The assessing officer levied a surcharge at 10 percent on the tax payable on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esult of a search, and section 158BB deals with the computation thereof. Parliament has taken the block period to mean the period comprising previous years relevant to 10 or 6 assessment years preceding the previous year in which the search is conducted. The unit of time remains constant. Block assessment computation in section 158BB does not exclude either the concept of "previous year" or the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een the provisions of Chapter XIV-B and any other provision of the Act then the latter will operate. Once section 158BB is to be read with section 4 then the relevant Finance Act of the concerned year would automatically stand attracted to the computation under Chapter XIV-B. Section 158BB looks to section 113. The proviso was inserted in section 113 to indicate that the Finance Act of the yea ..... X X X X Extracts X X X X X X X X Extracts X X X X
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