TMI Blog2014 (6) TMI 1016X X X X Extracts X X X X X X X X Extracts X X X X ..... reason is a mandatory requirement as contemplated under Section 158BD. That being so, we see no error in the order passed by the Tribunal that recording of reasons is mandatory provision. As far as alternate submission to the effect that in the present case communications available do show that reason we are not impressed from the aforesaid contention. They are only communication of certain fact with regard to issue in question but there is no specific recording of reason for re-opening of the block under Section 158 BD. - Decided in favour of assessee - IT Appeal No. 49 of 2014 - - - Dated:- 26-6-2014 - Sushil Kumar Gupta AND Rajendra Menon, JJ. JUDGMENT 1. Shri S.A. Dharmadhikari, learned counsel for the appellant. 2. Ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on referred to in the order passed by the Tribunal, to say that recording of reasons has been done. 5. We have considered the contention and we find that Supreme Court in the case of Manish Maheshwari (supra) has considered the conditions precedent that are to be followed as a mandatory requirement before initiating proceedings u/s. 158 BD and the Supreme Court deals with the matter in the following manner:- 158BD, however, provides for taking recourse to a block assessment in terms of Section 158BC in respect of any other person, the conditions precedents where for are : (i) Satisfaction must be recorded by the Assessing Officer that any undisclosed income belongs to any person, other than the person with respect to whom search was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cts in the case of Manish Maheshwari (supra) are entirely different. From the observations and law laid down in the case of Manish Maheshwari (supra), as is reproduced herein above, it is clear that recording of reason is a mandatory requirement as contemplated under Section 158 BD. That being so, we see no error in the order passed by the Tribunal that recording of reasons is mandatory provision. 6. As far as alternate submission to the effect that in the present case communications available do show that reason we are not impressed from the aforesaid contention. They are only communication of certain fact with regard to issue in question but there is no specific recording of reason for re-opening of the block under Section 158 BD. 7 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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