2006 (3) TMI 127

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rder of the Income-tax Appellate Tribunal in I. T. (SS) No. 18/ IND/2001, dated February 26, 2003, for the block period 1989-90 to 1999-2000. The appeal has been admitted on the following substantial question of law: "Whether the Income-tax Appellate Tribunal erred in upholding the deletion of Rs. 1,91,550 made by the Commissioner of Income-tax (Appeals) in view of section 158BB(1)(ca) of the I....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....001, in Appeal No. I. T. 262/2000-01/55, deleted the undisclosed income assessed by the Assessing Officer. While allowing the appeal, the Commissioner of Income-tax (Appeals) relied on the decision of the Income-tax Appellate Tribunal, Indore Bench, in the case of Ramesh Kothari v. ACIT in Appeal No. I. T. (SS)/62/IND/1997 dated December 11, 2000. The appellant's appeal to the Income-tax Appellate....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....r materials or information as are available with the Assessing Officer and relatable to such evidence, as reduced by the aggregate of the total income, or, as the case may be, as increased by the aggregate of the losses of such previous years, determined,-. .. (ca) where the due date for filing a return of income has expired, but no return of income has been filed, as nil, in cases not falling ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....nce to the applicability of section 158BB(1) (ca). Though the said provision was inserted retrospectively with effect from July 1, 1995, the amendments/substitution was made by the Finance Act, 2002. It is, therefore, clear that prior to the year 2002, the provision was not on the statute book and it was brought on the statute book in that year only, though with retrospective effect from July 1, 1....