9911796707
TMI Blog2024 (11) TMI 1034X X X X Extracts X X X X X X X X Extracts X X X X ..... A No. 243 of 2008 and for the respondent In ITA No. 51 of 2007 ORDER SANJEEV PRAKASH SHARMA, J. These two appeals are preferred against the order dated 18.08.2006 passed by the Special Bench-B, comprising three Members of the Income tax Appellate Tribunal, New Delhi. 2. Brief facts of the case are that a search was conducted on 28.06.1996 at the residential premises of the assessee and undisclosed income as found. The Assistant Commissioner of Income Tax, Circle, Hisar passed the additional assessment Order under Section 132(1) of the Income Tax Act, 1961 (for short, 'the Act') on 27.06.1997. The appeal filed by the assessee before the Income Tax Appellate Tribunal was referred to a three Judges Bench of the Tribunal. The learn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .07.1995, which is as under:- Computation of undisclosed income of the block period. 158BB. (1) The undisclosed income of the block period shall be the aggregate of the total income of the previous years falling within the block period computed, "[in accordance with the provisions of this Act, on the basis of evidence found as a result of search or requisition of books of account or other documents and such other materials or information as are available with the Assessing Officer and relatable to such evidence), as reduced by the aggregate of the total income, or as the case may be, as increased by the aggregate of the losses of such previous years, determined,- (a) where assessments under section 143 or section 144 or section 147 ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ocuments maintained in the normal course on or before the date of the search or requisition relating to such previous years; (e) where any order of settlement has been made under sub-section (4) of section 245D, on the basis of such order; (f) where an assessment of undisclosed income had been made earlier under clause (c) of section 158BC, on the basis of such assessment. Explanation. For the purposes of determination of undisclosed income,- (a) the total income or loss of each previous year shall, for the purpose of aggregation, be taken as the total income or loss computed in accordance with the provisions of "[this Act] without giving effect to set off of brought forward losses under Chapter VI or un absorbed depreciation under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sment under Section 158-BC of the Act is required to be made both on the basis of result of search as well as post search enquiry and other proceedings which are in the nature of consequences of the evidence found as a result of search. The Tribunal has, therefore, succinctly and vividly observed as under:- "Thus, at every point where any money, bullion, jewellery or other valuable articles or thing is found during the course of search the question is required to be answered, does it constitute what has not been or would not have been disclosed for the purposes of the Income- tax Act. There is not much problem in arriving at what has not been disclosed in relation to the returns of income that have already been filed as on the date of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... partment, police cases, court cases relating to the firms carrying out liquor business, which were not in the name of the assessee, have also been found from his premises. 9. Copies of number of maps of godowns and vends, which were operated by various companies were also recovered from his premises. There were 7+9+7 truck loads recovered from three different places. Stock position of various liquor vends was also found. During the courses of search, statements of number of persons were also recorded, who stated that they were salesmen working in those vends. The assessee was their employer and real owner of the vends. Merely because the license was issued by the Excise Department for various liquor vends, income from which the learned ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l bench of three Judges by the President of ITAT. 12. For the reasons recorded above, the appeal filed by the assessee is dismissed. IT A No. 243 of 2008 13. ITA No. 243 of 2008 has been filed by the Commissioner of Income-Tax, Hisar, against the order of the ITAT dated 18.08.2006. 14. We find that the appeal filed by the Revenue also deserves to fail as we have already noticed that special bench of three Judges of the ITAT has examined the case on facts and there is no substantial question of law which emanates from the order passed by the Tribunal. Pure findings of fact are immune from challenge in appeals under Section 260A of the Income Tax Act as has been held by Hon'ble the Supreme Court in Mangalore Ganesh Beedi Works v. Comm ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
