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2010 (2) TMI 16 - HC - Income TaxSearch and Seizure – block assessment – Jurisdiction of make block assessment - In the block assessment made in the case of the assessee, the Assessing Officer determined the undisclosed income of Rs 1,44,9413/- on account of investment in the property No.HS-11, Kailash Colony Market, New Delhi. The assessee challenged the order of the Assessing Officer, both on the ground of jurisdiction as well as on the merit of the addition. – held that - it is a settled legal position that, recording of satisfaction by the Assessing Officer, having jurisdiction of the searched person, that some undisclosed income belongs to a person other than a searched person, is mandatory before proceedings under Section 158 BD can be initiated against such other person. - In this case, after going through the records the Tribunal came to the conclusion that the letter dated 14th August, 2002 predicated on which the proceedings under Section 158 BD of the said Act had been initiated by the Assessing Officer of the assessee “did not show that he was satisfied that the investment had been made by the assessee” - , the proceedings under Section 158 BD/158 BC, insofar as the respondent assessee was concerned, were without jurisdiction
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