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TMI Blog2009 (7) TMI 53X X X X Extracts X X X X X X X X Extracts X X X X ..... regular assessment and there was no undisclosed income, which may be subjected to block assessment under section 158BA – decision the tribunal sustained. X X X X Extracts X X X X X X X X Extracts X X X X ..... ioned at Income Tax Appeal No. 168 of 2009 [2] page No.3 of the assessment order passed by the A.O. under Section 143(3)/158 BC." 2. The assessee was in the business of crushing of boulder stones and also running Hot Mix Plants, apart from business of transport and running of petrol pumps. Search was conducted under Section 132 of the Act and loose papers were found at various premises of the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the various years covered in the block period and assessment completed under Section 143(3) and the assessee having been imparted information relating to the regular income in a normal way, it would not be proper to the Department to consider the turnover disclosed in the regular return for the purpose of making block assessment under Chapter XIV -B of the Act. Hence, the assessment completed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er XIV-B of the Act." xx xx xx xx xx xx xx xx "In view of the matter, we are of the opinion that the income disclosed on account of payment of advance tax/TDS cannot be treated as undisclosed income for the purpose of Block assessment and the AO is required to verify whether the assessee's income for the A.Y.1997-98 & 1998-99 is subject to advance tax/TDS, the same is to be excluded for the pur ..... X X X X Extracts X X X X X X X X Extracts X X X X
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