TMI Blog2001 (1) TMI 50X X X X Extracts X X X X X X X X Extracts X X X X ..... pathological tests for diagnosis. Search operations under section 132 of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), were carried on at the business and residential premises of the assessee on July 2, 1996. In the course of the search operations, cash of Rs. 9,24,750 and certain documents were seized. The assessee was given a and notice under section 158BC of the Act. She fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... In the memo of the appeal, various substantial questions of law have been framed. Learned counsel for the appellant, however, stressed on questions Nos. 5, 6 and 8, as framed in the memo of appeal, which read as below: "(5) Whether, on the facts and in the circumstances of the case and material available on record, the Income-tax Appellate Tribunal was correct in law in proceeding on the assump ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions of sub-section (1) of section 158BB of the Income-tax Act, 1961, the undisclosed income is required to be computed not only on the basis of the evidence found as a result of the search but also on the basis of such other material and information as are available to the Assessing Officer, whether the Income-tax Appellate Tribunal was legally justified in deleting the addition of Rs. 17,00,000 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... condition for computation of undisclosed income." In view of this finding, the provisions of section 145 of the Act even if applied, there is no question of any income or undisclosed income and it will not be applicable. As regards question number 8 in reference to sub-section (1) of section 158BB of the Act, the Tribunal has recorded a finding and held that the Assessing Officer was not just ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessment under section 143(3 but not to the assessment for block period. In the result, we direct the Assessing Officer to consider the appellant's undisclosed income on the basis of documents Nos. A2, A3 and A5 to A8 as available in the documents, i.e., at Rs. 8,92,252, as already held while considering the addition on the basis of annexure A2. The undisclosed income of Rs. 17,00,000 determined ..... X X X X Extracts X X X X X X X X Extracts X X X X
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