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2012 (10) TMI 394 - GUJARAT HIGH COURTSearch & seizure - block assessment - salary income earned during the block period treated as undisclosed Income on account of non-filing of return and late filing of returns - Held that:- When an assessee is a salaried employee and on such salary income, suffers deduction of tax at source and such tax is also shown to have been deposited by the employer with the Revenue, it can hardly be stated that such income is undisclosed income. Employer u/s 192 is required to deduct tax at source on salary income. Section 199 provides for credit of such tax deducted at source. Section 205 provides for a bar against direct demand of tax where such tax is deductible at source. Upon overall consideration of the statutory provisions noted hereinabove and the judicial trend, it is held that salary income of the assessee on which he had been subjected to deduction of tax at source, cannot be categorised as “undisclosed income” as defined in section 158BB - Decided in favor of assessee
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