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“block period”

Chapter XIV-B - Block AssessmentSection 158B - Block PeriodSection 158B(a)1,340 judgments

The decision most relied on for block period is CIT v. Calcutta Knitwears (362 ITR 673), cited in 528 judgments on BharatTax.

Leading authorities on block period

CIT v. Calcutta Knitwears
362 ITR 673 · 2014 · Supreme Court
528
citing judgments

The recording of a satisfaction note by the Assessing Officer is a jurisdictional prerequisite for assessments under Section 153C, and the six-year limitation period for such assessments is reckoned from the date this satisfaction is recorded.

PCIT v. Ojjus Medicare (P) Ltd.
465 ITR 101 · 2024 · High Court
277
citing judgments

For assessments under Section 153C, the commencement point for calculating the six or ten assessment year block period is the date of issuing the Section 153C notice, or the date of the satisfaction note/handing over of books, as clarified by the first proviso to Section 153C(1).

Jai Steel (India) v. Asstt. CIT
36 Taxmann.com 523 · 2013 · High Court
267
citing judgments

An assessee cannot claim deductions or expenditures in a Section 153A assessment that were not claimed in the original completed assessment, even if documents were found during a search.

CIT v. Jasjit Singh
155 Taxmann.com 155 · 2023 · Supreme Court
235
citing judgments

For assessments under Section 153C concerning a non-searched person, the relevant date for calculating the block of assessment years is the date on which the jurisdictional Assessing Officer of that person assumes possession of the seized material, not the date of the original search. This date determines the look-back period for reopening assessments under Section 153A read with 153C.

Indian National Congress v. DCIT
463 ITR 431 · 2024 · High Court
167
citing judgments

A consolidated satisfaction note covering multiple assessment years is valid for initiating proceedings under section 153C, provided the seized material and the additions rest on incriminating evidence pertaining to those years.

Pr. CIT v. Sarwar Agency P. Ltd.
397 ITR 400 · 2017 · High Court
95
citing judgments

An assessment initiated under Section 153C against a person other than the searched person is invalid if the Assessing Officer of the searched person fails to record a proper satisfaction note as mandated by the section. The procedural requirement of a satisfaction note is crucial for the validity of such an assessment.

CIT, Panji v. Dempo Company Limited
74 Taxmann.com 15 · 2016 · Supreme Court
62
citing judgments

The 20% tax rate under Section 112 applies to capital gains arising from the transfer of a depreciable asset, even if it is deemed a short-term capital gain under Section 50, provided the asset was held for more than 36 months. The fiction created by Section 50 for treating such gains as short-term does not alter the long-term nature of the asset for applying the tax rate under Section 112.

CIT v. Anil Kumar Bhatia (supra) and CIT v. Chetan Das Lachman Das
254 CTR 392 · 2012 · High Court
57
citing judgments

Additions cannot be made to assessments under Sections 153A and 153C if no incriminating material was found during a search operation. Assessments for each year preceding the search are distinct and separate.

Judgments citing block period

Cisco Systems Services B.V, Bangalore vs. Deputy Commissioner of Income Tax International Taxation Circle-1(1), Bangalore

In the result, the appeal by the assessee is allowed

ITA 961/BANG/2017[2012-13]Status: DisposedITAT Bangalore19 Jan 2022AY 2012-13

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(It)A No. 961/Bang/2017 Assessment Year : 2012-13 M/S. Cisco Systems Services B.V. – India The Deputy Branch, Commissioner Of Brigade South Parade, Income Tax, No. 10, International Taxation, Mahatma Gandhi Road, Circle – 1(1), Vs. Bangalore – 560 001. Bangalore. Pan: Aaccc4836D Appellant Respondent Assessee By : Shri Rajan Vora, Ca : Dr. Manjunath Karkaihalli, Revenue By Cit Dr Date Of Hearing : 19-01-2022 Date Of Pronouncement : 19-01-2022 Order Per Beena Pillaithis Appeal By Assessee Is Directed Against The Order Of The Ld.Ao Dated 27.02.2017 Passed U/S. 143(3) R.W.S. 144C(14) Of The Income- Tax Act, 1961 [The Act] On The Following Grounds: “Based On The Facts & Circumstances Of The Case & In Law, Cisco Systems Services B.V. - India Branch (Hereinafter Referred To As The 'Appellant.) Respectfully Craves Leave To Prefer An Appeal Against The Order Passed By The Deputy Commissioner Of Income-Tax (International Taxation) - Circle 1(1) ('Assessing Officer' Or 'Ao') Dated February 27, 2017 In Pursuance Of The Directions & The Revised Directions Issued By The Dispute Resolution Panel ('Drp'), Bangalore Dated December 29, 2016 & January 16. 2017 Respectively, Under Section 253 Of The Income-Tax Act, 1961 ('Act) On The Following Grounds:

For Appellant: Shri Rajan Vora, CA
Section 143(3)Section 253Section 92C

petitioners, it was held äs follows:-- "Under Section 158BC of the Act empowers the assessing officer to determine the undisclosed income of the block period in the manner laid down in Section 158BB and 'the provisions of Section 142, subsections (2) and (3) of Section 143, Section 144 and Section

M/S. Cisco Systems Services B.V. India Branch, Bengaluru vs. Deputy Commissioner of Income Tax, International Taxation, Circle- 1(1), Bangalore

In the result, the appeal by the assessee is allowed

ITA 2572/BANG/2019[2011-12]Status: DisposedITAT Bangalore12 Jan 2022AY 2011-12

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(It)A No. 2572/Bang/2019 Assessment Year : 2011-12 M/S. Cisco Systems Services B.V. – India The Deputy Branch, Commissioner Of Brigade South Parade, Income Tax, No. 10, Mahatma Gandhi International Taxation, Road, Circle – 1(1), Vs. Bangalore – 560 001. Bangalore. Pan: Aaccc4836D Appellant Respondent Assessee By : Shri Rajan Vora, Ca Revenue By : Shri Pradeep Kumar, Cit (Dr) Date Of Hearing : 04-01-2022 Date Of Pronouncement : 12-01-2022 Order Per Beena Pillaithis Appeal By Assessee Is Directed Against The Order Of The Ld.Ao Dated 31.12.2015 Passed U/S. 143(3) R.W.S. 144C(13) Of The Income-Tax Act, 1961 [The Act] On The Following Grounds: “Based On The Facts & Circumstances Of The Case & In Law, Cisco Systems Services B.V. —India Branch (Hereinafter Referred To As 'The Appellant'), Respectfully Craves Leave To Prefer An Appeal Against The Order Passed By The Learned Assessing Officer (Hereinafter Referred To As The 'Learned Ao') Dated October 15, 2019 Under Section 147 Read With Section 143(3) Read With Section 144C Of The Income-Tax Act, 1961 (`The Act') Pursuant To The Directions Dated September 23, 2019 Issued By The Drp U/S 144C(5) Of The Act ('The Impugned Order') Inter-Alia On The Following Grounds:

For Appellant: Shri Rajan Vora, CAFor Respondent: Shri Pradeep Kumar, CIT (DR)
Section 143(3)Section 144CSection 144C(13)Section 144C(5)Section 147Section 156Section 234BSection 271(1)(c)Section 92C(2)

petitioners, it was held äs follows:-- "Under Section 158BC of the Act empowers the assessing officer to determine the undisclosed income of the block period in the manner laid down in Section 158BB and 'the provisions of Section 142, subsections (2) and (3) of Section 143, Section 144 and Section

ACIT, New Delhi vs. Sh. Dheeraj Kumar Jain, Delhi

The appeal of the assessee is allowed

ITA 5526/DEL/2011[2006-07]Status: DisposedITAT Delhi17 Nov 2021AY 2006-07

Bench: Ms Suchitra Kamble & Dr. B. R. R. Kumar(Through Video Conferencing) Vs Dhiraj Jain Dcit C/O. Prakash K. Prakash Central Circle-3, B-1, Sagar Apartments, 6, 3Rd Floor, Ara Centre, Tilak Marg, New Delhi Jhandewalan Extension, Pan: Aadpj4043R New Delhi (Appellant) (Respondent) C. O.No. 16/Del/2012 In (Ita No. 5525/Del/2011 ( A.Y 2005-06) Vs Dheeraj Kumar Jain Acit C/215, Vivek Vihar, Central Circle-3 New Delhi Room No. 355, Ara Pan: Aadpj4043R Centre,E-2,Jhandewalan (Appellant) Extension, New Delhi (Respondent) Vs Dhiraj Jain Dcit C/O. Prakash K. Prakash Central Circle-3, B-1, Sagar Apartments, 6, 3Rd Floor, Ara Centre, Tilak Marg, New Delhi Jhandewalan Extension, Pan: Aadpj4043R New Delhi (Appellant) (Respondent) Acit Vs Dheeraj Kumar Jain Central Circle-3 C/215, Vivek Vihar, Room No. 355, New Delhi Ara Centre,E-2, Jhandewalan Pan: Aadpj4043R (Respondent) Extension, New Delhi (Appellant) C.O No. 19/Del/2012 ( A.Y 2007-08) In (In Ita No. 5527/Del/2011 (A.Y 2007-08 ) Dheeraj Kumar Jain Vs Acit C/215, Vivek Vihar, Central Circle-3 New Delhi Room No. 355, Ara Pan: Aadpj4043R Centre,E-2,Jhandewalan (Appellant) Extension, New Delhi (Respondent)

Section 153Section 153CSection 2Section 68Section 69

dismissed the appeal of the assessee. 6. The Ld. AR submitted that Section 153C notice dated 8/11/2010 is out of Block Period of Assessment Year 2005-06 to 2010-11 in view of the decision of the Hon’ble Delhi High Court in case

Dhiraj Jain, New Delhi vs. DCIT, New Delhi

The appeal of the assessee is allowed

ITA 4711/DEL/2011[2006-07]Status: DisposedITAT Delhi17 Nov 2021AY 2006-07

Bench: Ms Suchitra Kamble & Dr. B. R. R. Kumar(Through Video Conferencing) Vs Dhiraj Jain Dcit C/O. Prakash K. Prakash Central Circle-3, B-1, Sagar Apartments, 6, 3Rd Floor, Ara Centre, Tilak Marg, New Delhi Jhandewalan Extension, Pan: Aadpj4043R New Delhi (Appellant) (Respondent) C. O.No. 16/Del/2012 In (Ita No. 5525/Del/2011 ( A.Y 2005-06) Vs Dheeraj Kumar Jain Acit C/215, Vivek Vihar, Central Circle-3 New Delhi Room No. 355, Ara Pan: Aadpj4043R Centre,E-2,Jhandewalan (Appellant) Extension, New Delhi (Respondent) Vs Dhiraj Jain Dcit C/O. Prakash K. Prakash Central Circle-3, B-1, Sagar Apartments, 6, 3Rd Floor, Ara Centre, Tilak Marg, New Delhi Jhandewalan Extension, Pan: Aadpj4043R New Delhi (Appellant) (Respondent) Acit Vs Dheeraj Kumar Jain Central Circle-3 C/215, Vivek Vihar, Room No. 355, New Delhi Ara Centre,E-2, Jhandewalan Pan: Aadpj4043R (Respondent) Extension, New Delhi (Appellant) C.O No. 19/Del/2012 ( A.Y 2007-08) In (In Ita No. 5527/Del/2011 (A.Y 2007-08 ) Dheeraj Kumar Jain Vs Acit C/215, Vivek Vihar, Central Circle-3 New Delhi Room No. 355, Ara Pan: Aadpj4043R Centre,E-2,Jhandewalan (Appellant) Extension, New Delhi (Respondent)

Section 153Section 153CSection 2Section 68Section 69

dismissed the appeal of the assessee. 6. The Ld. AR submitted that Section 153C notice dated 8/11/2010 is out of Block Period of Assessment Year 2005-06 to 2010-11 in view of the decision of the Hon’ble Delhi High Court in case

Dhiraj Jain, New Delhi vs. DCIT, New Delhi

The appeal of the assessee is allowed

ITA 4710/DEL/2011[2003-04]Status: DisposedITAT Delhi17 Nov 2021AY 2003-04

Bench: Ms Suchitra Kamble & Dr. B. R. R. Kumar(Through Video Conferencing) Vs Dhiraj Jain Dcit C/O. Prakash K. Prakash Central Circle-3, B-1, Sagar Apartments, 6, 3Rd Floor, Ara Centre, Tilak Marg, New Delhi Jhandewalan Extension, Pan: Aadpj4043R New Delhi (Appellant) (Respondent) C. O.No. 16/Del/2012 In (Ita No. 5525/Del/2011 ( A.Y 2005-06) Vs Dheeraj Kumar Jain Acit C/215, Vivek Vihar, Central Circle-3 New Delhi Room No. 355, Ara Pan: Aadpj4043R Centre,E-2,Jhandewalan (Appellant) Extension, New Delhi (Respondent) Vs Dhiraj Jain Dcit C/O. Prakash K. Prakash Central Circle-3, B-1, Sagar Apartments, 6, 3Rd Floor, Ara Centre, Tilak Marg, New Delhi Jhandewalan Extension, Pan: Aadpj4043R New Delhi (Appellant) (Respondent) Acit Vs Dheeraj Kumar Jain Central Circle-3 C/215, Vivek Vihar, Room No. 355, New Delhi Ara Centre,E-2, Jhandewalan Pan: Aadpj4043R (Respondent) Extension, New Delhi (Appellant) C.O No. 19/Del/2012 ( A.Y 2007-08) In (In Ita No. 5527/Del/2011 (A.Y 2007-08 ) Dheeraj Kumar Jain Vs Acit C/215, Vivek Vihar, Central Circle-3 New Delhi Room No. 355, Ara Pan: Aadpj4043R Centre,E-2,Jhandewalan (Appellant) Extension, New Delhi (Respondent)

Section 153Section 153CSection 2Section 68Section 69

dismissed the appeal of the assessee. 6. The Ld. AR submitted that Section 153C notice dated 8/11/2010 is out of Block Period of Assessment Year 2005-06 to 2010-11 in view of the decision of the Hon’ble Delhi High Court in case