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TMI Blog2015 (4) TMI 82X X X X Extracts X X X X X X X X Extracts X X X X ..... is appeal, the primary dispute relates to an addition of Rs. 5,17,956/- made by the Assessing Officer on account of unexplained expenditure u/s 69C of the Act. Apart from challenging the merits of addition sustained by the CIT(A), the appellant has raised an Additional Ground of Appeal claiming that the principles of natural justice have been contravened while completing the Block assessment. The said Additional Ground of Appeal reads as under :- "(1) On the facts and circumstances of the case and in law the perusal of the order of the Ld. CIT(A) it reveals that in this Block assessment completed under s.158BD r.w.s. 158BC of the Act the satisfaction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom a legal defect. This aspect of the matter is sought to be challenged before us by way of the aforesaid Additional Ground of Appeal as the same was not raised earlier before the lower authorities. Justifying the admission of the said Additional Ground of Appeal, the Ld. Representative submitted that the same is a legal issue and the necessary facts are emerging from record and therefore it should be admitted for adjudication. 4. On the other hand, the Ld. Departmental Representative has opposed the plea of the assessee for admission of the aforesaid Additional Ground of Appeal on the pretext that the same was not raised before the lower authorities. 5. Having considered the rival submissions, in our view, the said Additional Ground of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons amounting to Rs. 3,96,830/- were shown in the books of accounts of Rajashree Enterprises and Maheshwari Financiers against whom search and seizure was conducted on 12.10.2001. The covering letter is accompanied by a satisfaction note running into 10 pages which details the books of accounts, documents, bank pass books etc. that was seized and verified during the course of search and the enquiries that were conducted post-search. It details the modus operandi adopted by various parties including the appellant, in collusion with Rajashree Enterprises and Maheshwari Financiers to route their unaccounted money through that concern in the garb of loan. Therefore, the satisfaction of the Assessing Officer who has jurisdiction over the searche ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut the following discussion in the order of the Hon'ble High Court is relevant :- "6. We find that section 158BD is somewhat analogous to section 147 in so far as the procedure that is required to be followed. Section 147 contemplates that, if the Assessing Officer has reasons to believe that there is escapement of income, then notice can be issued under section 148 of the Act. So far as section 158BD of the Act is concerned, the Assessing Officer has to be satisfied that there is undisclosed income. Upon such satisfaction, the Assessing Officer is required to forward the relevant documents, papers, etc. to the Assessing Officer who is required to assess the per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctions to the issuance of the notice and the Assessing Officer shall dispose of the same by passing a speaking order. It will be open for the petitioner to take the objection with regard to limitation and it will be for the Assessing Officer to pass a speaking order. After such speaking order is passed, the Assessing Officer shall proceed further in accordance with law." 8. The aforesaid discussion by the Hon'ble High Court reveals that the provisions of section 158BD of the Act has been found to be somewhat analogous to section 147 of the Act. On that basis, it has been explained by the Hon'ble High Court that the person who is to be proceeded with u/s 158BD of the Act and then section 158BC of the Act, such person must be informed about ..... X X X X Extracts X X X X X X X X Extracts X X X X
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