TMI Blog2011 (10) TMI 23X X X X Extracts X X X X X X X X Extracts X X X X ..... he High Court has over-ruled the decision of ITAT. Since statutory appeal lies to the High Court under Section 260A of the Act, the High Court ought to have given it's findings in detail, particularly on the question whether there was any error of law in the decision of ITAT and whether that error caused prejudice to the Revenue. In any event, this Court is of the view that, on the facts and circu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Income Tax Act, 1961 ['Act', for short] at his residential premises and business premises. It got concluded on 10th November, 2000. Subsequently, notice under Section 158BC of the Act was issued to him on 5th February, 2003, asking him to furnish Return of Income for Block Assessment period. The appellant declared the total undisclosed income at 'nil' on 20th February, 2003. Consequently, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed detailed explanation and supporting evidence on the basis of which the Assessing Officer had made due enquiries while passing Order dated 3rd September, 2003, after obtaining necessary approval of his superior officer under Section 158BC of the Act. The order of ITAT was challenged by the Department before the High Court of Punjab and Haryana vide I.T.A. No.383 of 2006 under Section 260A of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court is of the view that, on the facts and circumstances of this case, since the appellant [assessee] was not heard, indulgence is being shown to him to appear before the High Court on the appointed date and argue the matter. For this reason alone, we set aside the impugned judgement of the High Court and remit the case for de novo consideration in accordance with law. We do not wish to express ..... X X X X Extracts X X X X X X X X Extracts X X X X
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