TMI Blog2014 (5) TMI 990X X X X Extracts X X X X X X X X Extracts X X X X ..... ock assessment on substantive basis - additions made in the reopening assessment proceedings are on the protective basis - Revenue has not controverted the contention of the assessee that the same addition has been affirmed up to the stage of ITAT in block assessment proceedings - the additions made u/s 158BC of the Act have become final – the AO is directed to delete the addition made on protecti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds of appeal(s):- 1) The learned CIT(A) has grossly and grievously erred in law and on facts by confirming the reopening the proceedings u/s.148 r.w.s. of the I.T.Act and the same being technically ab-initio-void and bad in law, it is prayed that the same be quashed and cancelled in toto. 2) The learned CIT(A) has grossly and grievously erred in law and on facts by blindly confirming the rem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he date of hearing of the appeal. 2. We take up the assessee s appeal for Asst.Year 1994-95 as a lead case. 2.1. Briefly stated facts of the case are that a search u/s.132 of the Income Tax Act,1961 was carried out on 15/12/1995 and certain books of accounts and documents were seized. Based on these documents, order u/s.158BC of the Act was passed for the period 86-97 to 15.12.95 determining ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h traveled upto the Hon ble ITAT and no further appeal against the order of the ITAT has been filed by the assessee. She submitted that the order passed in block assessment proceedings has become final. Therefore, the additions made on protective basis should be deleted. 4. On the contrary, ld.Sr.DR submitted that he shall verify whether any appeal has been filed by the assessee before the Hon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e additions made u/s.158BC of the Act have become final. Hence, we hereby direct the AO to delete the addition made on protective basis in all the three assessment years; i.e. AYs 1994-95, 1995-96 1996-97. Thus, grounds of assessee s appeals are allowed. 6. In the result, all the three appeals of the Assessee are allowed. Order pronounced in Court on the date mentioned hereinabove at capti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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