Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2006 (6) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2006 (6) TMI 95 - KERALA HIGH COURTBlock Assessment - Applicability of section 158BC read with section 158BD of the Income-tax Act, 1961 - assessee was yet to file the return of income within the prescribed time limit under the provisions of the Act since that was the current year of the assessee and the accounts were not closed - legality of search and seizure operations conducted by the Department - HELD THAT:- We have to read sections 158BC and 158BD along with the definition clause "block period" under clause (a) of section 158B. If so read, the block period has to be reckoned so far as this case is concerned, as the period from April 1, 1985, to January 4, 1996, January 4, 1996, being the date of commencement of search. Under such circumstances we are inclined to answer the reference in favour of the Revenue. The Tribunal was not justified in holding that section 158BC read with section 158BD of the Income-tax Act, 1961, would not apply to the facts of this case. The order of the Tribunal is accordingly set aside and the order of the assessing authority is restored. The question of law is answered in the negative and in favour of the Revenue.
|