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2009 (5) TMI 474 - HC - Income TaxSearch and Seizure- A search conducted in the B Group of companies, the assessee, a Hindu undivided family, as one of the group companies, filed a block return for the period 1986-87 to 1996-97 showing undisclosed income of Rs. 60 lakhs. The assessment was completed under section 158BC of the Act. An appeal was preferred by the assessee and the Tribunal allowed the appeal in part and the Assessing officer revised the income by an order. Thereafter the Assessing officer found that in the case of another group company, for the same block period, the Tribunal had observed that some of the documents seized pertained to the assessee. The Assessing officer added a sum of Rs. 13,66,715 to the undisclosed income of the assessee for the block period revising the amount to Rs. 38,04,570. The Tribunal deleted the addition made by the Assessing officer. Held that- the addition of Rs. 13,66,715 to the undisclosed income of the assessee for the block period could have been made only by giving a notice under section 148 of the Act and no such notice having been given the provisions of section 153 of the Act would operate as a legal bar for any such notice to the assessee. The provisiond of section 147/ 147 will apply. Dismiss the appeal.
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