9911796707
TMI Blog2008 (11) TMI 235X X X X Extracts X X X X X X X X Extracts X X X X ..... er in fire crackers. On October 31, 1998, he filed his return of income showing a loss of Rs. 1,880. 3. The case was selected for scrutiny and a notice under section 143(2) of the Income-tax Act (hereinafter referred to as "the Act") was served on the assessee and ultimately assessment was made under section 143(3) of the Act by order dated March 26, 2001, on a total income of Rs. 51,81,173. 4. The assessee aggrieved by the same, preferred an appeal before the Commissioner of Income-tax (Appeals) and the same was dismissed by an order dated January 17, 2002. Thereafter, the assessee filed an appeal before the Income-tax Appellate Tribunal (hereinafter referred to as "the Tribunal"). It seems that during the pendency of the appeal a search ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has been admitted on the following substantial questions of law: "1. Whether, on the facts and circumstances of the appellant's case, that the Tribunal erred in law in holding that since the assessment framed for the assessment year 1998-99 under section 143(3) is to be merged with the assessment to be made for the block period April 1, 1996, to October 29, 2002. the assessment is to be made under section 158BC of the Act. 2. Whether the order of the Tribunal suffers from the error of law in so much as per the provisions of Chapter XIV-B and also settled by a catena of judicial decisions that there could be a regular assessment in addition to block assessment under Chapter XIV-B and both the proceedings could go simultaneously." 6. Mr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder the special Chapter in pursuance of the notice under section 158BC, the Assessing Officer can proceed under section 158BC to tax the income which has not been disclosed. Thus, the proceedings under section 143(3) will go on simultaneously along with the proceeding in pursuance of the notices under section 158BC of the Act." 7. Mr. Brijendra Kumar, appearing on behalf of the respondent-assessee, however, contends that after the order of the Tribunal, the Assessing Officer has passed separate orders of assessment of the block period including the assessment year 1998-99. He points out that against the regular assessment for the assessment year 1998-99 the appeal is pending before the Commissioner of Income-tax (Appeals) and against the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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