| Citation(s) |
|---|
| 2009 SLG 1164 2009 SLD 1164 (2009) 313 ITR 359 |
Gujarat High Court
IT REFERENCE No. 76 OF 1999, FEBRUARY 3, 2009
D. A. MEHTA AND S. R. BRAHMBHATT, JJ
Bhatt and Mrs. Mauna M. Bhatt for the Applicant.
IT REFERENCE No. 76 OF 1999, FEBRUARY 3, 2009
D. A. MEHTA AND S. R. BRAHMBHATT, JJ
Bhatt and Mrs. Mauna M. Bhatt for the Applicant.
Commissioner of Income Tax
v.
N.R. PAPER AND BOARD LTD.
Law:
Section:
Section 158BB of the Income-tax Act, 1961 - Block assessment in search cases - Undisclosed income, computation of In view of retrospective amendment of provisions of section 158BB assessee was entitled to claim deduction under section 80-I or 80-IA in respect of undisclosed income of block period [Block period 1986-87, ending on 6-1-1996] [In favour of assessee] CIT v. N.R. Paper and Board Ltd. [2009] 313 ITR 359 (Guj.) The assessee-company claimed deduction under sections 80-I and 80-IA in relation to the total undisclosed income of the block period. The said claim was rejected by the Assessing Officer. The Tribunal allowed the assessee's claim. Held that the provisions of section 158BB have been amended by the Finance Act, 2002, with retrospective effect from 1-7-1995, whereby the reference to 'Chapter IV, of the Act' has been substituted with reference to the provisions of 'this Act' and below Explanation (a) to the said section a proviso has been inserted. In the light of the amended provisions, which have been made retrospectively applicable, no fault can be found with the impugned order of the Tribunal holding that the assessee was entitled to claim deduction under section 80-I or 80-IA in respect of undisclosed income of block period. Bhatt and Mrs. Mauna M. Bhatt for the Applicant. JUDGMENT 1 D.A. Mehta, J.- The Income-tax Appellate Tribunal, Ahmedabad Bench "A" has referred only the following question at the instance of the applicant-Revenue, under section 256(1) of the Income-tax Act, 1961 ("the Act"), though the applicant-Revenue had suggested as many as eight questions : "Whether, on the facts and in the circumstances of the case and proper interpretation of the provisions of section 158BB and Part II, Part III of the Form No. 28 for the block assessment, the Income-tax Appellate Tribunal was justified in law in holding that the assessee is eligible to deduction under section 80-I or 80-IA with reference to 'total undisclosed income' of the block period?" 2. The controversy relates to block period commencing from the assessment year 1986-87 and ending on January 6, 1996. The respondent-asses-see, a limited company, claimed deduction under section…
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