2001 (1) TMI 50

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....and certain documents were seized. The assessee was given a and notice under section 158BC of the Act. She filed a return of income for block assessment for the block period from April 1, 1986, to July 2, 1996. In the return of income the assessee showed a total undisclosed income of Rs. 10,97,652 for the block period from April 1, 1986, to July 2, 1996. The Assessing Officer determined the total undisclosed income of the assessee for the block period ending July 2, 1996, at Rs. 35,43,720. The assessee challenged this addition in the first appeal before the Income-tax Appellate Tribunal. The Income-tax Appellate Tribunal allowed the assessee's claim and deleted the income of Rs. 2,73,283 made by the Assessing Officer. The appeal has been....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he basis of the evidence found as a result of the search but also on the basis of such other material and information as are available to the Assessing Officer, whether the Income-tax Appellate Tribunal was legally justified in deleting the addition of Rs. 17,00,000 made by the Assessing Officer on account of the assessee's undisclosed income for the period April, 1995, to December, 1995 ?" The Tribunal has gone through the facts in appeal and it is not necessary to deal with all the facts again. As regards the applicability of section 145 of the Act, it may be stated that the Tribunal observed as under : "Even otherwise, the provisions of section 145 can be applied only after rejecting the books of account or documents found during t....