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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

Dominance Trade & Investment P. Ltd, Mumbai vs. DCIT (OSD-II) C-7, Mumbai

In the result, Assessee’s appeal is partly allowed for statistical purposes

ITA 1549/MUM/2014[1999-2000]Status: DisposedITAT Mumbai30 Dec 2016AY 1999-2000

Bench: Shri C.N.Prasad,Jm & Shri Rejesh Kumar, Am Income Tax Appeal Nos.1549/Mum/2014 (धििाारण वर्ा / Assessment Years :1999-2000) M/S Dominance Trade & Vs. Dcit (Osd-Ii) C-7 Investment P. Ltd. Aayakar Bhavan B.N. Kedia & Co. Maharshi Karve Road Chartered Accountants Mumbai – 400 020 B-311, Yashwant Shopping Centre Carter Road No.7, Borivali (East) Mumbai – 400 066 (प्रत्यर्थी / Respondent) (अपीलार्थी / Appellant) स्र्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabcd3058P अपीलार्थी की ओर से /Appellant By : None प्रत्यर्थी की ओर से /Revenue By : Shri Shrikant Namdeo सुनवाई की तारीख / Date Of Hearing : 26/12/2016 घोषणा की तारीख /Date Of Pronouncement : 30/12/2016

For Appellant: NoneFor Respondent: Shri Shrikant Namdeo
Section 143(3)

made by the Ld. Assessing Officer on protective basis, completely ignoring the fact that the issue of substantive addition is intrinsically connected to the block assessment, which is pending for adjudication before the Hon’ble Settlement Commission and till the said issue of substantive addition is decided, the addition made ... upholding the disallowance of business loss made by the Ld. Assessing Officer amounting to Rs1,29,052/- by merely relying on the erstwhile block assessment order passed in the appellant’s case, completely ignoring the facts and circumstances related to the year under consideration.” 2. Inspite of issue of several