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2015 (4) TMI 406 - HC - Income TaxValidity of the order u/s 158BD read with section 158BC - precondition for invoking section 158BD is not satisfied as accepted by Tribunal - Held that:- The Tribunal applying the language of the sections concerned and the Judgment of Manish Maheshwari vs. Assistant Commissioner of Income Tax [2007 (2) TMI 148 - SUPREME COURT OF INDIA] concluded that the principal condition for invoking the provisions was not satisfied. These conclusions holding that the block assessment under section 158BD read with 143(3) of the Income Tax Act, 1961 is void ab initio do not raise any substantial question of law. We are not in agreement with Mr. Pinto that the revised questions of law would arise because the Tribunal has refrained from expressing any opinion on merits. It has not set aside the addition made by the Assessing Officer in the case of the Assessee before us nor sustained it. It has simply quashed the proceedings for want of jurisdiction and based on the satisfaction which has to be arrived at as a principal condition within the meaning of section 158BD of the Income Tax Act, 1961. Therefore, the Tribunal's conclusion has not, in any manner, prejudiced the Revenue nor affected the other remedies and powers available to it under the Act. It can bring the amounts, if any, to tax and in the case of the present Assessee by taking recourse of law. Therefore, all the more we do not think that the Tribunal's conclusions, which are otherwise not perverse or vitiated by any error of law apparent on the face of the record need to be interfered with by us. No substantial question of law. - Decided against revenue.
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