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Section 158B of the Income-tax Act, 1961 - Block assessment in search cases - Undisclosed income - Assessment year 1995-96 - Whether where assessee had paid advance tax on her assessable income much before date of search and Assessing Officer had also accepted return filed by assessee declaring income from capital gains, provisions of section 158B could not be attracted in respect of that income merely because return had been filed after date of search - Held, yes Jagdish R. Goel for the Applicant. Satish Khosla for the Respondent. JUDGMENT Swatanter Kumar, J. - Vide order dated 19-4-2002, the Tribunal held as under: "After hearing both the parties, we find that the issue is squarely covered in favour of the assessee by the decision of the Tribunal in the case of Vidya Madan Lal Malani (supra) wherein it has been held that if the income returned by the assessee is from disclosed sources then no addition can be made on account of undisclosed income under Chapter XIV-B merely on the ground that the return of such income was not filed before the date of search. This view also finds support from the decision of the Hon'ble Bombay High Court in the case of Sham Lal Balram Gurbani (supra). The statement of assessable income of the assessee for assessment year 1995-96 shows that assessee had income by way of capital gain amounting to Rs. 23,05,357 against which the assessee had paid advance tax of Rs. 5,50,000 on 31-3-1995, i.e., much before the date of search and, therefore, it cannot be said that assessee would not have disclosed such amounts. It is further seen that the return filed later on has been accepted by the Assessing Officer under section 143(3). Considering these factual aspects alongwith the case relied upon by the learned counsel for the assessee, it is held that the sum of Rs. 23,05,357 pertaining to assessment year 1995-96 could not be assessed as undisclosed income. Accordingly, this addition is hereby deleted. 7. In the result, appeal of the assessee is partly allowed." 2. These findings are challenged by the revenue in the present appeal under section 260A of the Income-tax Act (hereinafter referred to as 'the Act') on the ground that under the…

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