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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

ITO Ward 29 (3) vs. Sanjeev & Sons HUF

In the result, the appeal of the Revenue is dismissed

ITA 362/DEL/2007[1998-1999]Status: DisposedITAT Delhi19 Aug 2016AY 1998-1999

Bench: Sh. H.S. Sidhu & Sh. O.P. Kantassessment Year: 1998-99 Income Tax Officer, Ward - Vs. M/S. Sanjeev & Sons, Huf, 29(3), New Delhi 1596, Bhagirath Place, Chandni Chowk, Delhi Gir/Pan :Aabh53384Q (Appellant) (Respondent) Appellant By Sh. F.R. Meena, Sr.Dr Respondent By None Date Of Hearing 10.08.2016 Date Of Pronouncement 19.08.2016 Order Per O.P. Kant, A.M.: This Appeal By The Revenue Is Directed Against The Order Dated 7Th November, 2006 Of Learned Commissioner Of Income Tax (Appeals)-Xxv, New Delhi, Raising The Following Grounds Of Appeal: I. On The Facts & In The Circumstances Of The Case, The Learned Commissioner Of Income Tax (Appeals) Has Erred In Deleting The Addition Amounting To Rs. 41,15,607/- Made On Account Of Accommodation Entry Provided By M/S. Bishan Chand Mukesh Kumar In Whose Case It Was Clearly Established That This Firm Has Not Done Any Purchase & Sale Of Jewellery But Issued Cheques In Lieu Of Cash Given By The Assessee.

Section 132Section 147Section 148

August, 2000 at the premises of Sh. Manoj Aggarwal, Sh. Bishan Chand Aggarwal and their business associates and it was held in their block assessment proceedings that they had no real business but were only providing accommodation entries in the garb of purchase and sale of jewellery. The Assessing Officer ... relying on the block assessment order in the case of M/s. Bishan Chand Mukesh Kumar, held that the sale of jewellery shown by the assessee to M/s. Bishan Chand Mukesh Kumar is bogus and considered the entire sale proceeds of Rs. 40,95,131/- along with commission @ 0.50%, amounting

ACIT, Karnal vs. Sh. Subhash Chander Sudha, Kurukshetra

In the result, the appeal filed by the Revenue is dismissed

ITA 541/DEL/2013[2008-09]Status: DisposedITAT Delhi16 Aug 2016AY 2008-09

Bench: Sh. H.S. Sidhu & Sh. O.P. Kantassessment Year: 2008-09 Asstt. Commissioner Of Vs. Sh. Subhash Chander Income Tax, Central Circle, Sudha, S/O- Late S.H. Karnal Desraj, H.No. 374, Sector- 13, Kurukshetra Gir/Pan :Aknps6472M (Appellant) (Respondent) Appellant By Ms. Renuka Jain Gupta, Cit(Dr) Respondent By Sh. Kapil Goel, Advocate & Sh. Satyajeet Goel, Ca Date Of Hearing 11.07.2016 Date Of Pronouncement 16.08.2016 Order Per O.P. Kant, A.M.: The Present Appeal By The Revenue Is Directed Against The Order Of Learned Commissioner Of Income Tax (Appeals)(Central), Gurgaon, Dated 06.11.2012, Raising Grounds, Which Were Revised On 31.12.2014. The Revised Grounds Of Appeal Are As Under: I. Whether On The Facts & In The Circumstances Of The Case, The Learned Cit(A) Was Right In Deleting The Addition Of Rs. 30,00,000/- When The Assessee Had Actually Admitted The Undisclosed Income In His Statement Recorded U/S 132(4) Of The Income Tax Act, 1961 At The Time Of Search & Had Also Made Surrender To That Extent.

Section 132(4)Section 153A

without 5 AY: 2008-09 reference to any other material discovered during search and seizure operations would not empower the AO to make a block assessment merely because any admission was made by the assessee during search operation. 24. If the Revenue’s contention that the block assessment ... standalone basis without reference to any other material discovered during search and seizure operations would not empower the AO to make a block assessment merely because any admission was made by the assessee during search operation”. In paragraph 24, their Lordships have mentioned about the prevailing practice of extracting statement