2009 (4) TMI 52

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....dent. JUDGMENT The Judgment of the Court was delivered by K. RAVIRAJA PANDIAN, J. - These are the appeals at the instance of the revenue filed against the order of the Tribunal, wherein the Tribunal has held that in respect of the block assessment years, the levy of surcharge is impermissible in law. Hence, the revenue carried the matter by way of appeals before this Court by framing the ....

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....BA relates to assessment of "undisclosed income" discovered as a result of a search, and section 158BB deals with the computation thereof. Parliament has taken the block period to mean the period comprising previous years relevant to 10 or 6 assessment years preceding the previous year in which the search is conducted. The unit of time remains constant. Block assessment computation in section 158B....

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..... Section 158BH inter alia states that if there is no conflict between the provisions of Chapter XIV-B and any other provision of the Act then the latter will operate. Once section 158BB is to be read with section 4 then the relevant Finance Act of the concerned year would automatically stand attracted to the computation under Chapter XIV-B. Section 158BB looks to section 113. The proviso wa....