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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

The Commissioner of Income Tax vs. G.Mohan Rao

The appeal is dismissed answering the question of law against the

ITTA/44/2004HC Telangana01 Apr 2015

Bench: The Tribunal Was Filed By The Respondent – Assessee Against The Block Assessment Order Dated 28-08-1998, For The Block Period From 01-04-1986 To 10-10-1996, Passed By The Acit (Inv.), Circle-I, Vijayawada. The Assessee Is An Individual & Engaged In The Business Of Transport. Search Operations Were Conducted At The Residential Premises Of One Kondapalli Satyanarayana Rao, A Transport Contractor Of Vijayawada On 10-10-1996. Simultaneously, A Search Was Also Conducted At The Residential Premises Of G. Nageswara Rao, The Father-In-Law Of Satyanarayana Rao & The Father Of The Assessee. In The Course Of Search, An Amount Of Rs.11,725/- Was Found In The Bed Room Of Nageswara Rao & An Amount Of Rs.5,50,000/- Was Found In The Bed Room Of G. Mohana Rao (Assessee). At The Time Of Search Operation, The Assessee & His Wife Were Not Present At The Residence & His Father Nageswara Rao Could Not Explain The Source Of Income For Which The Same Was Seized & The Proceedings Under Section 158Bc(A) Read With Section 158Bd Were Initiated By Issue Of Notice On 14-08-1997. The Notice Was Served On The Assessee On 23-08-1997. In Response To The Notice, The Assessee Filed A Return For The Block Period On 28-04-1998, Admitting Undisclosed Income At Rs.6,46,420/-.

Section 158BSection 260A

block period 01- 04-1986 to 10-10-1996. The appeal before the Tribunal was filed by the respondent – assessee against the block assessment order dated 28-08-1998, for the block period from 01-04-1986 to 10-10-1996, passed by the ACIT (Inv.), Circle-I, Vijayawada ... Whether on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the income in the block assessment cannot be determined on estimate basis, in the absence of materials found by the department during search?” The appellant – Revenue did not raise