TaxTMI 
TaxTMI 
2021 (12) TMI 316
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.... relief in terms of prayer clause (d) which was granted on 1st February, 2005 was continued. On 1st February, 2005 and 7th March, 2005 respondents were represented by Mr. R.V. Desai, Senior Counsel. Service was waived by the counsel. Affidavit in reply has also been filed by Respondent No.1. As has been happening in most of these ancient matters, respondents are unrepresented to assist the court. Therefore we had to hear the matter only with the assistance of petitioner's counsel. Perhaps respondents' officers are not interested in protecting the interest of Revenue for whatever reasons. 3. Petitioner had filed its return of income for the Assessment Year 1997-98 on 28th November, 1997 in which it declared income of Rs. 90,67,500/-. ....
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....ioner's claim of Rs. 15,02,852/-. Petitioner impugned this assessment order before the Commissioner of Income Tax (Appeals) who by an order dated 27th December, 2002 allowed the deduction of Rs. 15,02,852/- under Section 80 IA of the Act as originally claimed by petitioner. 4. In the meanwhile, there was search action under Section 132(1) of the Act carried out at the business premises of petitioner on 7th November, 2001. Consequently, an order dated 30th January, 2004 was passed under Section 158BC read with Section 143 (3) of the Act for the block period 1st April, 1995 to 5th January, 2002 holding that petitioner had not satisfied the conditions laid down in Sections 80I, 80-HHA and 80IA of the Act and thus disallowing deductions ....
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....Commissioner may accord the approval under section 151 (1) of I.T. Act, if found in order". 7. Therefore, it is respondents case that the deduction which petitioner had claimed under Section 80HH/HHA/I/IA has not been examined properly in the regular assessment. Admittedly, in this case notice has been issued after expiry of four years from the date of relevant assessment year. The proviso of Section 147 of the Act shall therefore apply. Under Section 147 of the Act the assessment under Sub Section (3) of Section 143 of the Act can be reopened after a period of four years only if the assessee has failed to disclose fully and truly all material facts necessary for his assessment in that Assessment Year. The reasons as quoted above does no....
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.... block assessment under Chapter XIV-B of the Act shall not be included in the regular assessment for any previous year which has been included in block assessment. The block assessment order covers the period AY 1996-97 to 2001-02. Therefore, there is statutory bar prohibiting the respondent revenue from subjecting to tax income under regular assessment as the same has already been subjected to tax as block assessment under Chapter XVIB of the Act. 9) The view taken by us above is also supported by the decision of this Court in CIT vs. H.N. Shindore 113 ITR 679 wherein revised assessment orders for A.Y. 1943-44 to 1946-47 were passed on 31 January 1953 on the basis of the report of the Investigation Commission. Thereafter, on 20 Ma....