9911796707
TMI Blog2016 (8) TMI 520X X X X Extracts X X X X X X X X Extracts X X X X ..... ADVOCATE ORAL JUDGMENT (PER : HONOURABLE MR.JUSTICE KS JHAVERI) 1. Being aggrieved and dissatisfied with the impugned judgment and order passed by the Income Tax Appellate Tribunal, Ahmedabad Bench 'D' (hereinafter referred to as ITAT) dated 12.05.2006 in ITA No. 40/Ahd/2001 for the Block Assessment Period 01.04.1986 to 09.01.1997, the assessee has preferred the present Tax Appeal for conside ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 86 to 09.01.1997. The return of income was filed showing total undisclosed income at Rs. NIL and consequently assessment was framed under Section 158BC read with section 143(3) of the Income Tax Act, 1961 ('hereinafter referred to as 'the Act') determining undisclosed income of Rs. 81,22,26,219/-. On appeal the CIT (Appeals) annulled the assessment but did not adjudicate on the merits of the addit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 158BC provides that the Assessing Officer shall proceed to determine the undisclosed income of the block period in the manner laid down in section 158BB and "the provisions of section 142, sub-sections (2) and (3) of section 143, section 144 and section 145 shall, so far as may be apply. This indicates that this clause enables the Assessing Officer, after the return is filed, to complete the as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r point out any contrary decision. 5. Having heard Mr. Bhatt, learned advocate appearing on behalf of the Department and Mr. Hasurkar, learned advocate appearing on behalf of the assessee and the questions posed for consideration by us reproduced hereinabove and considering the decision of this Court in the case of Hotel Blue Moon (Supra), the questions, which are raised in the present appeal are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case of block assessment framed u/s.158BC r.w.s. 143(3) of the Act, statutory notice u/s.143(2) of the Act was not required to be issued within the statutory time frame prescribed under the Act and Tribunal has also committed an error in holding that non-issuance of notice u/s 143(2) of the Act is a mere procedural lapse and therefore the same can be regularized and ratified and consequently, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
