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2012 (11) TMI 62 - AT - Income TaxNotice u/s 158BD - block assessment - addition to income - Held that:- It is clear that the Assessing Officer who has seized of the mater against the raided person has to reach a satisfaction that undisclosed income belongs to such other person & recording of satisfaction is mandatory and imperative before assumption of jurisdiction under section 158BD. The additional ground as raised by the assessee against the validity of notice issued u/s. 158BD goes to very root of the initiation and legality of proceedings. After considering all the aspects of the matter, it would subserve the interest of natural justice, if this additional ground is remitted back to the file of CIT(A) to decide this issue on merit - As the additional ground of assessee’s appeal is remitted back to the file of CIT(A) the remaining grounds do not call for any adjudication at this stage because the matter is already restored back - in favour of assessee for statistical purposes.
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