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2014 (5) TMI 596 - ALLAHABAD HIGH COURTRevision u/s 263 - Applicability of section 158BB(1)(c) OR section 158BB(1)(ca) of the Act – Block assessment u/s 158BC of the Act - Reduction of income shown in belated return – Held that:- In the notice as well as in the order passed by the CIT u/s 263 of the Act, it was clearly mentioned that the AO did not properly examine the computer generated account for the AY 2002-03, which were generated from the C.P.U. seized during the course of the search and seizure operation on 4.9.2002 and do not include the undisclosed income reflected from the said accounts while completing the block assessment order - from the records of the Block proceedings, no indication appears that the issue was discussed with the assessee at any stage of the Block assessment proceedings - filing of the regular return for the AY 2002-03 was within the knowledge of the AO at the time of completing the Block assessment order dated 30.09.2004, but the AO while passing the Block order has failed to take into account the correct position of law – the vital issues were not examined by the Tribunal before passing the order – thus, the order of the Tribunal is set aside and the matter is remitted back to the Tribunal for fresh adjudication and the answer to the substantial question of law is not required - Decided in favour of Revenue.
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