2005 (5) TMI 33

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....s aggrieved by an order dated August 16, 2004 passed by the Income-tax Appellate Tribunal Bench "E" (for short "the Tribunal"), in I.T.A. No. 13/Delhi/2001. The only ground agitated by the Revenue in this appeal under section 260A of the Income-tax Act, 1961 ("the Act") is with regard to deleting an addition of Rs. 10,20,000 by the Assessing Officer. The assessee had filed his return of inco....

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....oses of a block assessment, it is important that some material document or information should have been discovered during the search operation which would indicate that the gifts were bogus or represented the concealed income of the assessee. Since no such material documents or information was found, a post search inquiry conducted by the Assessing Officer during the block assessment proceedings c....

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.... We are of the view that there is no error in the orders passed by the Commissioner of Income-tax (Appeals) as well as by the Tribunal. In fact, it has been held by the Rajasthan High Court in CIT v. Elegant Homes P. Ltd. [2003] 259 ITR 232 that in Chapter XIV-B of the Act, special provisions for assessment in search cases have been given and if any amount of income has not been taxed and during ....