Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2014 (10) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (10) TMI 395 - HC - Income TaxApplicability of section 153(2A) - Notice u/s 158BC – Computation of undisclosed income - Whether section 153(2A) of the Act is attracted to a block assessment framed in pursuance to an order under Section 250 and Chapter XIV B of the Act and whether this order passed on 28.03.2003 is in time as stipulated under Section 153 (2A) of the Act or not – Held that:- Though Chapter XIV B is a complete code by itself and an assessment order has to be passed under the Chapter and passing the assessment order under other provisions of the Act are not permissible - If the Chapter do not provide for contingency, then Section 158BH makes all other provisions of the Act apply to an assessment made under the Chapter - Section 153 (2A) being a provision which provides for limitation to pass assessment order under pursuance of Section 250 or 254 or 263 or 264 of the Act - The provision is attracted to an assessment which has to be made under Chapter XIV B of the Act - Section 158BH permits to look at the other provisions of the Act in the field in respect of which no provisions are made under Chapter XIV B - Section 153 (2A) of the Act is attracted to an order for fresh assessment to be passed under Chapter XIV B of the Act in pursuance of the order of the Section 250 of the Act. As decided in Assistant Commissioner of Income Tax & Anr. Versus M/s. Hotel Blue Moon [2010 (2) TMI 1 - SUPREME COURT OF INDIA] - the assessment order for the block period was passed by the assessing authority on 30.09.1999 - The appellate authority u/s 250 of the Act had set aside the order by order dated 24.10.2000 - The order was communicated on 15.01.2001 - The period prescribed u/s 153(2A) of the Act is before the expiry of one year from the end of financial year in which order under Section 250 of the Act is received by the Chief Commissioner or Commissioner as the case may be - The copy of the appellate authority was received on 15.01.2001, 31.03.2001 is the end of the financial year and 31.03.2002 is one year there from before which the fresh assessment order ought to have been passed - The fresh assessment order is passed on 28.03.2003, nearly one year after the expiry of the period of limitation - Therefore, it is barred by time – Decided against revenue.
|