TMI Blog2004 (10) TMI 306X X X X Extracts X X X X X X X X Extracts X X X X ..... losed income at Rs. 3,91,943 and the block assessment was framed at a total undisclosed income of Rs. 5,25,430. Aggrieved, the assessee preferred this appeal before the Tribunal. 2. Before us, the assessee has raised the following grounds: 1. The Asstt. CIT ought not to have rejected the plea that these incomes, representing the share income/salary and interest from the firm of S. Badrinarayan Kala had already been disclosed in the returns of income of the firm in which he was a partner and such returns had been filed before the date of search. 2. The non-filing of individual returns alone ought not to have been adopted as the sole criteria for determining the nature of such income for inclusion in the block. 3. It was proved to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he returns of income. Hence, these incomes cannot be treated as undisclosed income. The learned counsel for the assessee also argued that the rebate under s. 88 of the Act on account of contribution towards insurance policies, PPF, NSC, etc. should be allowed even in the block assessment in view of the provisions of s. 158BH of the Act. The s. 158BH of the Act reads as under: "158BH. Application of other provisions of this Act-Save as otherwise provided in this chapter, all other provisions of this Act shall apply to assessment made under this chapter." In view of the above, the learned counsel for the assessee urged the Bench to allow the appeal. On the other hand, the learned Departmental Representative relied on the block assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal High Court has held in para 8 as under: "8. A Division Bench of the Gauhati High Court in Dr. Mrs. Alaka Goswami vs. CIT (2004) 190 CTR (Gau) 214 : (2004) 268 ITR 178 (Gau), referring to the decisions in (i) CIT vs. Shelly Products and (ii) Saurashtra Cement Chemical Industries Ltd. vs. TTO both referred supra, held as follows: ".... There cannot be any manner of doubt that when the assessee pays advance tax the advance tax payment is assessed by the assessee on the basis of self-assessed income. The advance tax reflects the income admitted by the assessee. When the assessee pays the advance tax he discloses his income at the particular point of time, which may or may not be taxable on a subsequent date, on the return submitted by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shall be taken into consideration where the previous year has not ended or the date of filing the return of the income under sub-s. (1) of s. 139 has not expired. When the assessee is required to file the self-assessment for payment of the advance tax before the IT authorities, the return of income for assessment would fall within the documents maintained in the normal course by the assessee and as such within cl. (d) of sub-s. (1) of s. 158BB. In any case although there is a difference between the regular assessment and the block assessment, as we have already noticed, unless the provisions of the block assessment specifically bar the assessing authority from taking into consideration the income disclosed by the assessee on payment of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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