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2013 (11) TMI 661 - HC - Income TaxValidity of block assessment u/s 158BB of the Income tax act – Held that:- Search conducted after the expiry of the due date for filing return, payment of advance tax is irrelevant in construing the intention of the assessee to disclose income - If the search is conducted prior to due date for filing return, opportunity to disclose the income by filing the return is there, in which case, the payment of advance tax may be material for construing whether the assessee is intended to disclose the income - Thus, when the income had not been properly disclosed, the assessment under Section 158 BC and 158BD would be a case for consideration along with rest of Chapter XIV-B. Computation of the undisclosed income of the block period shall be the aggregate of the income could be determined on the basis of the entries as recorded in the books of accounts. The computation of the undisclosed income of the block period shall be the aggregate of the total income of the previous years falling within the block period, computed in accordance with the provisions of the Act. Thus, as far as Clause (ca) is concerned, when the due date for filing of the return of income has expired and the assessee had not filed the return even as stating that it was 'nil' income, then Section 158BD would be of relevance - Assessment made under Chapter XIV B of the Act is justifiable on facts and in law – Decided against the Assessee.
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