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2007] 293 ITR 266 [2008] 174 TAXMAN 179 (GAU.) HIGH COURT OF GAUHATI Commissioner of Income-tax v. Arman Sheikh* D. BISWAS AND SMT. A. HAZARIKA, JJ. IT APPEAL NO. 6 OF 2006â-  JUNE 29, 2007 Section 158B, read with section 158BC, of the Income-tax Act, 1961 - Block assessment in search cases - Undisclosed income - Block assessment period 1991-92 to 2001-02 - Whether where amounts in question were received through cheques and same were duly credited to bank accounts of assessee and were reflected in his regular books of account prior to date of search, such amounts could not be treated as undisclosed and, thus, could not be subjected to assessment under section 158BC - Held, yes FACTS Consequent upon a search and seizure operation conducted at the assessee's business as well as residential premises on 20-7-2000 and 9-8-2000, proceedings under section 158BC were initiated. The assessee filed his block return declaring certain undisclosed income. The Assessing Officer, however, added two further amounts deposited in assessee's bank account as income not disclosed by the assessee for the assessment years 2000-01 and 2001-02. The Commissioner (Appeals) holding that since bank deposits had been disclosed in regular books of account and there was no material to prove that the assessee intended to conceal bank account, bank deposits would not be covered within the definition of undisclosed income, deleted the impugned addition. The Tribunal affirmed the order of the Commissioner (Appeals). On revenue's appeal : HELD It appeared from the pleadings on record that the said two amounts were received by the assessee from a Government agency by cheques and the same were deposited in his bank account and were duly reflected in the regular books of account. The Assessing Officer, in the order sheet, had recorded that the explanation regarding various bank accounts had been examined in detail and the bank accounts were found recorded in the regular books of account. The Assessing Officer had relied upon a part of the entries in the books of account and had rejected the other part. Since the entries made in the books of account before the date of search and seizure had been…

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