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“block assessment”

Search & SeizureSection 158BCSection 158BC4,282 judgments

The decision most relied on for block assessment is CIT v. RRJ Securities Ltd. (380 ITR 612), cited in 689 judgments on BharatTax.

Leading authorities on block assessment

CIT v. RRJ Securities Ltd.
380 ITR 612 · 2016 · High Court
689
citing judgments

Completed assessments can be interfered with under Section 153A or 153C only on the basis of incriminating material unearthed during the search, necessitating a direct correlation between the discovered material and the power to assess or reopen concluded assessments.

SSP Aviation Ltd. v. Deputy Commissioner of Income Tax
346 ITR 177 · 2012 · High Court
308
citing judgments

For a non-searched person under Section 153C, the relevant six assessment years are counted backward from the assessment year in which the search was conducted, as prescribed by the first proviso to Section 153C(1).

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).

Manish Maheshwari v. ACIT
289 ITR 341 · 2007 · Supreme Court
237
citing judgments

A block assessment under Chapter XIV-B of the Income-tax Act requires a prior search conducted under Section 132 or a requisition of documents/assets under Section 132A. This fundamental condition precedent applies to block assessments, including those concerning other persons under Section 158BD.

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.

Rishabchand Bhansali v. Dy. CIT
267 ITR 577 · 2004 · High Court
202
citing judgments

The previous approval required for assessment orders under provisions like Section 158BG or Section 153D is an administrative power and an internal matter, not deciding the assessee's rights. A mere irregularity in granting such administrative approval does not vitiate the assessment order.

P.R. Metrani v. CIT
287 ITR 209 · 2006 · Supreme Court
187
citing judgments

Section 132 of the Income Tax Act is a self-contained code governing search and seizure operations. The books of accounts, documents, valuables, or statements recorded during a search can be used as evidence in any subsequent proceedings under the Act, and the section outlines the conditions for issuing warrants of authorization.

CIT (Central) v. Kabul Chawla
2015 SCC OnLine DEL 11555 · 2015 · Reported
186
citing judgments

No addition can be made in respect of a completed assessment in the absence of incriminating material, especially when considering the object and purpose of Section 153-A.

Judgments citing block assessment

C. I. T., Central - III, Kolkata vs. Pradeep Kumar Deora

Appeal stands dismissed and the

ITA/292/2004HC Calcutta02 Mar 2023

Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 2Nd March, 2023 Appearance : Mr. Soumen Bhattacharjee, Adv. …For Appellant Mr. Avra Mazumder, Adv. Mr. Suman Bhowmik, Adv. Mr. Samrat Das, Adv. …For Respondent The Court : - It Appears From The Record That This Appeal Stood Dismissed On April 28, 2015 For Non Compliance Of The Order Dated March 12, 2015. Mr. Bhattacharjee, Learned Advocate Submits That The Appellant Has Taken Out An Application For Recalling The Order Dated April 28, 2015 Being Ga No. 2513 Of 2017 Which Has Been Renumbered As Ga/2/2017. However, It Has Been Reported By The Department That The Said Application Is Not Traceable In The Department. Mr. Bhattacharjee Files Photocopy Of The Said Application Which Is Taken On Record & The Same Shall Be Treated To Be The Original Till The Original Is Traced Out. The Department Is Directed To Trace Out The Original Application & Tag The Same Along With The Records Of This Case. After Going Through The Averments Contained In The Said Application & Upon Hearing The Learned Advocate For The Respective Parties This Court Is Of The View That The Petitioner Has Shown Sufficient Cause For Non-Compliance Of The Order Dated March 12, 2015. In View Thereof, The Order Of Dismissal Dated April 28,2015 Is Recalled & The Appeal Is Restored To Its Original File & Number.

income as an expenses for undertaking the tour on behalf of the company could be allowed to be deleted in course of a block assessment for the period ended 28th of February, 1996 comprising of assessment year 1994-95, 1995-96 and 1996-97 and the finding of the learned