IT : Where Tribunal set aside order of Commissioner, giving certain direction in block assessment without considering certain vital issues, matter was remanded for fresh consideration
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[2014] 49 taxmann.com 254 (Allahabad)
HIGH COURT OF ALLAHABAD
Commissioner of Income-tax (Central)
v.
Umang Agarwal*
TARUN AGARWALA AND DR. SATISH CHANDRA, JJ.
IT APPEAL NO.422 OF 2006†
MAY 16, 2014
Section 158BB of the Income-tax Act, 1961 - Block assessment in search cases - Undisclosed income, computation of (Illustrations) - Block period 1-4-1996 to 4-9-2002 - After search and seizure operation, Assessing Officer passed block assessment order against assessee for certain undisclosed income in which income as declared by assessee in its return filed for assessment year 2002-03 (which fell in block period) was not included - Commissioner, in exercise of his powers under section 263, directed Assessing Officer to include said income in undisclosed income for block period on ground that return was filed belatedly and full advance tax was not paid - On appeal, Tribunal set aside order of Commissioner on ground that partial advance tax was paid and return was filed within extended time allowed under section 139 - From record it appeared that assessee filed return for assessment year 2002-03 beyond time allowed under section 139 and was, therefore, non est that assessee's application was pending before Settlement Commission and there was no discussion whatsoever about this issue in block assessment order; and that filing of regular return for assessment year 2002-03 was within knowledge of Assessing Officer at time of completing block assessment order but he failed to take into account correct position of law - Whether since aforesaid vital issues were not examined by Tribunal before passing impugned order, same was to be set aside and matter was to be remanded to pass fresh order - Held, yes [Paras 16,19 and 20] [In favour of revenue]
■■■
[2014] 49 taxmann.com 254 (Allahabad)
HIGH COURT OF ALLAHABAD
Commissioner of Income-tax (Central)
v.
Umang Agarwal*
TARUN AGARWALA AND DR. SATISH CHANDRA, JJ.
IT APPEAL NO.422 OF 2006†
MAY 16, 2014
Section 158BB of the Income-tax Act, 1961 - Block assessment in search cases - Undisclosed income, computation of (Illustrations) - Block period 1-4-1996 to 4-9-2002 - After search and seizure operation, Assessing Officer passed block assessment order against assessee for certain undisclosed income in which income as declared by assessee in its return filed for assessment year 2002-03 (which fell in block period) was not included - Commissioner, in exercise of his powers under section 263, directed Assessing Officer to include said income in undisclosed income for block period on ground that return was filed belatedly and full advance tax was not paid - On appeal, Tribunal set aside order of Commissioner on ground that partial advance tax was paid and return was filed within extended time allowed under section 139 - From record it appeared that assessee filed return for assessment year 2002-03 beyond time allowed under section 139 and was, therefore, non est that assessee's application was pending before Settlement Commission and there was no discussion whatsoever about this issue in block assessment order; and that filing of regular return for assessment year 2002-03 was within knowledge of Assessing Officer at time of completing block assessment order but he failed to take into account correct position of law - Whether since aforesaid vital issues were not examined by Tribunal before passing impugned order, same was to be set aside and matter was to be remanded to pass fresh order - Held, yes [Paras 16,19 and 20] [In favour of revenue]
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