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2015 (4) TMI 974 - HC - Income TaxAssessment u/s 158BD - assessment of other person who was not searched - Tribunal found that the assessee did not co-operate with the Assessing Officer by filing a block return and did not furnish any information and, therefore, the Assessing Officer was constrained to complete the assessment to the best of judgment. - Held that:- The Supreme Court in Assistant Commissioner of Income Tax and another v. Hotel Blue Moon [2010 (2) TMI 1 - SUPREME COURT OF INDIA] clearly specifies that section 158BC prescribes the procedure for making block assessment of the searched person and section 158BD enables assessment of any person, other than the searched person.section 158BC prescribes the procedure for making block assessment of the searched person and section 158BD enables assessment of any person, other than the searched person. In this case, we have no hesitation to hold that searched person is M/s. Harbour Syndicate and, therefore, as far as M/s. Harbour Syndicate is concerned, the Assessing Officer was justified in issuing notice under section 158BC and in respect of V. H. Yahiya, the Assessing Officer was justified in issuing notice under section 158BD. The question of law raised in this regard is answered in favour of the Revenue.
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