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2010 (11) TMI 1010 - HC - Income TaxAddition in block assessment proceedings in the hands of other person - According to the Department, the actual price received was ₹ 6.5 crores, the consideration shown in the sale deed was only ₹ 1.40 crores - Held that: - before invoking the provisions of Section 158 BD of the Act, the Assessing Officer of the person searched u/s 132 (1) must satisfy himself that some undisclosed income belongs to a person other than the persons with respect to whom search was made under Section 132 (1) of the Act. Such satisfaction must be based on the material found in the course of search. In the absence of any such satisfaction (which is to be recorded in writing) the concerned Assessing Officer does not get any jurisdiction to assess that other person by invoking the section 158 BD of the Act. During the search carried out at the premises of Mr. & Mrs. Charla, no books of accounts or other documents or other assets pertaining to the assessees herein was found or seized. The entire foundation of the block assessment under Section 158 BD of the Act, in so far assessees are concerned, was the statement of Smt. Suraksha Charla recorded during the course of search. Revenue appeals dismissed in view of Manish Maheshwari Vs. ACIT, (2007 -TMI - 2889 - SUPREME COURT), Amity Hotels (P) Ltd. (2004 -TMI - 10034 - DELHI High Court) and CIT Vs. Karan Engg. P. Ltd. and Janki Exports International Vs. UOI, (2004 -TMI - 10668 - DELHI High Court)
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