Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether income already assessed in regular assessment could be excluded from block assessment under Chapter XIV-B, and whether an appeal before the first appellate authority could be rejected as unadmitted under section 249(4)(a) without first verifying the assessee's claim that tax on the returned undisclosed income had already been paid in regular assessment.
Analysis: The block assessment scheme does not permit inclusion of income that has already been assessed in regular assessment or is otherwise recorded in the normal books, and the computation provisions require such income to be excluded from undisclosed income. The bar against revision of a block return does not mean that the appellate authority must mechanically treat the appeal as inadmissible if the assessee asserts that the amount shown in the block return had already been offered to tax and assessed in regular proceedings. The appellate authority must examine the factual claim on merits, because if the tax on the same income had already been paid in regular assessment, the requirement in section 249(4)(a) may stand satisfied. At the same time, if the factual assertion fails, dismissal as unadmitted remains open.
Conclusion: The matter was remitted to the appellate authority for verification of the assessee's claim and for a decision on maintainability and merits accordingly.
Final Conclusion: The decision preserved the assessee's opportunity to establish that the amount in dispute had already suffered regular assessment and tax payment, while leaving the appellate authority free to reject the appeal as unadmitted if that claim was not proved.
Ratio Decidendi: Income already assessed in regular assessment cannot be again brought to tax in block assessment, and an appeal should not be rejected under section 249(4)(a) without first verifying whether the admitted tax requirement is in substance satisfied by such prior assessment and payment.