2019 (7) TMI 1040

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....el For the Respondent : Mr.A.S.Sriraman COMMON JUDGMENT T.S.SIVAGNANAM, J. These appeal filed by the revenue under Section 260-A of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') are directed against the order dated 19.12.2008 passed by the Income Tax Appellate Tribunal Chennai 'A' Bench in I.T.(SS)A.Nos.13/Mds/2006 for the Block Assessment period from 01.04.19....

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....nto the merits of the grounds of appeal raised by the Revenue in respect of the deletion of the additions made in the assessment order by the Commissioner of Income Tax (Appeals)?" 3. The revenue fairly states that substantial question of law No.1 does not arise for consideration in this case. Accordingly, the same stands rejected. Thus, we need to decide the substantial questions of law No.2 a....

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.... Section 158BD, provides for taking recourse to a Block Assessment in terms of Section 158BC in respect of any other person, the three conditions to be satisfied as pointed by the Hon'ble Supreme Court in Manish Maheshwari Vs. Assistant Commissioner of Income Tax reported in [2007] 289 ITR 341 (SC). The three conditions being: "(i) Satisfaction must be recorded by the Assessing Office....

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.... 132A. It is further pointed out that a taxing statute, as is well-known must be construed strictly and in the absence of any satisfaction being recorded on part of the Assessing Officer, notice was held to be not sustainable. 8. In the instant case the assessee preferred an appeal against the Block Assessment Order dated 30.04.2002 before the Commissioner of Income-tax(Appeals)-I,Chennai (here....