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2012 (4) TMI 594 - ITAT CHANDIGARH
Jurisdiction to frame assessment u/s 158BC - Held that:- The Director of Income-tax (Inv.) Chandigarh, issued Warrant of Authorization, dated 22.05.2002, u/s 132(1) of the Act in the name of Smt.Mohinder Kaur of M/s Lada Liquors Ltd., H.No. 694, Sector 8, Chandigarh. The said authorization was executed on 23.05.2002.
The AO framed Block Assessment order u/s 158BC of the Act, on 22.08.2005, in the status of 'individual' determining undisclosed income at ₹ 9,02,13,220/- for the block period commencing from 1.4.1996 to 23.5.2005.
Another block assessment order was framed by the AO u/s 158BC on 22.8.2005 of the Act in the status of 'Individual', determining the undisclosed income of the same block period at ₹ 8,57,15,730/-. As no Warrant of Authorization u/s 132(1) of the Act was issued, in the name of Smt.Mohinder Kaur, L/H of Late Shri Taranjit Singh W/o Shri Taranjit Singh, block assessment cannot be framed u/s 158BC of the Act in such status. Hence, the impugned block assessment order is bad in law and without jurisdiction.
Revenue has also failed to adduce any evidence demonstrating the factum of recording of satisfaction within the meaning of Section 158BD r.w. Section 158BC of the Act.
In view of the above discussions, the impugned Block Assessment order, which is under challenge, in the C.O. in question, has been passed without jurisdiction.