Law:

Section:

Section 260A of the Income-tax Act, 1961 - High Court, appeals to - Block period 1-4-1985 to 18-3-1996 - Whether a cross-objection is not permitted in an appeal under section 260A - Held, yes - A search was conducted at assessee's premises on 18-3-1996 - Thereupon, a block assessment order was passed on 26-5-1997 wherein various additions were made - On appeal, Tribunal deleted said additions - On revenue's appeal, assessee raised a cross-objection that as per provisions of section 158BE, block assessment order passed on 26-5-1997 was barred by limitation - According to assessee, even though it had not taken said ground before any of authorities below, yet it could take same for first time in appellate proceedings before High Court in form of cross-objection - Whether assessee's cross-objection was not sustainable - Held, yes (In favour of revenue) Section 260A of the Income-tax Act, 1961 - High Court, appeals to - Block period 1-4-1985 to 18-3-1996 - Whether question relating to limitation being a mixed question of facts and law, a question of this nature, can be permitted to be raised only if it is found that there is sufficient foundation laid for raising such a question at earliest possible time and matter is kept alive - Held, yes Section 158BC, read with section 147, of the Income-tax Act, 1961 - Block assessment in search cases - Procedure for - Block period 1-4-1985 to 18-3-1996 - Whether when an income has already been disclosed in returns filed prior to search by assessee, such income can be brought to tax only in form of regular assessment or by reopening as permitted within scope of section 147 and does not get into a block assessment order, but if an income has not been disclosed for earlier years, there is no way of assessee filing a revised return for earlier year, but it is only in block period it has to be brought to tax and only criteria for bringing to tax such undisclosed unassessed income of assessee for earlier period is only by block assessment order and by no other method so long as provisions of section 158BC are on statute book - Held, yes FACTS A search was conducted at the residential and business premises of principal assessee…

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