Law:

Section:

2008] 306 ITR 324 [2007] 165 TAXMAN 141 (DELHI) HIGH COURT OF DELHI Commissioner of Income-tax* v. Shiv Prakash Aggarwal MADAN B. LOKUR AND V.B. GUPTA, JJ. IT APPEAL NO. 577 OF 2007 JULY 9, 2007 Section 158BC of the Income-tax Act, 1961 - Block assessment in search cases - Procedure for - Block period 1-4-1989 to 29-7-1999 - A search was conducted at premises where assessee was residing along with his father - Assessing Officer issued notice under section 158BC to assessee for filing of block return but assessee objected to same stating that search warrant was in name of his father and not in his name - Assessee also explained that documents/material seized during search also belonged to his father - Assessing Officer rejected assessee's reply and made certain additions - Whether since father of assessee had owned up documents seized during course of search and had also filed an affidavit to that effect, any addition on account of such seized documents could be made in hands of assessee - Held, no CASE REFERRED TO CIT v. Ashok Kumar [2006] 286 ITR 541/ 151 Taxman 105 (All.) [Para 9] R.D. Jolly for the Appellant. JUDGMENT V.B. Gupta, J. - The revenue is aggrieved by an order dated 22nd December, 2006 passed by the Income-tax Appellate Tribunal (for short as 'Tribunal') 'C' Bench, Kolkata in IT (SS) No. 126/Delhi/2003 for block assessment period 1-4-1989 to 29-7-1999. 2. By the impugned order, the Tribunal allowed the appeal filed by the assessee against the order dated 21-2-2003 passed by Commissioner of Income-tax (Appeals), New Delhi confirming the various additions amounting to Rs. 1,00,61,680 made by the Assessing Officer on the basis of entries recorded in Annexures A-1 to A-5 of the Panchnama. 3. The brief facts are that a search was conducted at premises No. A-2/5, 1st Floor, Model Town, Delhi on 29-7-1999 where the assessee is also residing along with his father. The Assessing Officer issued notice under section 158BC to the assessee for filing of the Block return. The assessee objected to the notice stating the search warrant was in the name of his father Shri Ram Kishan Aggarwal and there was no search warrant in his name. 4. During the course of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492