TaxTMI 
TaxTMI 
TaxTMI 
2002 (5) TMI 818
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....ee who is an employee of Dharnendra Group of Industries, wherein search operations were carried out at its business premises. In compliance to notice issued under section 158BC, the assessee filed return of income on 16-9-1996 wherein total income including undisclosed income for assessment years falling within the block period was disclosed at Nil. Vide the impugned order, the Assessing Officer computed the undisclosed income for the block period at Rs. 2,10,933 as under :- Previous year Assessment year Returned/Assessed income as per return of income filed Total income including undisclosed income as per assessment order 1985-86 1986-87 Nil Rs. 6,703 1986-87 1987-88 Nil Rs. 10,402 1987-88 1988-89 Nil Rs. 14,397 1988-89 1....
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....ught to have been accepted. 5.The Assessing Officer has erred in denying rebate available under Chapter VIII for assessment years 1991-92 to 1995-96. 6.The Assessing Officer has erred in not treating the salary income received from Dollar Services as salary income for assessment year 1992-93 (9 months salary) and consequently erred in denying deductions under section 16(i) and 16(iii)". 4. At the time of hearing before us, Shri Tushar Hemani, appeared and contended that upto the assessment year 1991-92 and assessment years 1994-95 and 1995-96 the income including undisclosed income as per assessment order is below the taxable limit. Therefore, the Assessing Officer is not justified in treating the same as undisclosed income. The counsel ....
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....old that employer of the assessee is bogus. The ld. counsel for the assessee submitted that in case it is held that the assessee was doing any service or was not receiving any salary, in that event, the Assessing Officer be directed to exclude salary income from M/s. Dollar Services. 6. The ld. counsel for the assessee also drew our attention to computation of income filed in respect of various assessment years falling under block period and contended that the assessee has claimed deduction under Chapter VI-A in respect of LIC as well as PF/FPF and same is not allowed in spite of documentary evidence in support of claim were furnished. The ld. counsel for the assessee pleaded that the assessee is entitled to deduction under Chapter VI-A, a....
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....ance with law. Regarding allowance of standard deduction, the counsel of the assessee submitted that order of Assessing Officer be upheld as M/s. Dollar Services is a bogus concern. 9. Having heard both the sides, we have carefully gone through the orders of authorities below. Rival submissions were also considered. This Tribunal in the case of Shri Girish Ambalal Patel (supra) has held that when in the block period income for an assessment year is below the taxable limit and, therefore, no return of income is filed, such income which is below the taxable limit cannot be considered as undisclosed income for the purpose of block assessment year. We, accordingly, direct the Assessing Officer to make necessary verification and exclude the inc....