2009 (5) TMI 23

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....the Appellant. None for the Respondent. JUDGMENT  This Appeal under Section 260A of the Income Tax Act, 1961 (Act for short) has been preferred by the Commissioner of Income Tax, Delhi-I against the Order dated 11.4.2008 passed by the ITAT. The Tribunal had dismissed the Appeal of the Revenue assailing the Order of the CIT(A), who had deleted the addition of Rupees 68,00,000 made by ....

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....t to be acted upon should have been gathered in the course of the Search or Requisition under Chapter XIV-B of the Act. The Tribunal has applied CIT vs. G.K. Senniappan, [2006] 284 ITR 220 in which the Division Bench of the High Court of Madras has opined that in the context of a Block Assessment whilst material gathered in the course of the Search may be acted upon by virtue of Section 158BB, mat....

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....ld in CIT vs. Ravi Kant Jain, [2001] 250 ITR 141 that undisclosed income not determined on the basis of material gathered in a Search cannot justify the ordering of a Block Assessment. 4. It will be useful to recall that in CIT vs. Mukundray K. Shah, [2007] 290 ITR 433 their Lordships considered it valid to take into account the contents of a Diary found as a result of a Search. Unlike the loos....

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....25.9.2001 and 14.12.2001. As it was manifestly not any part of the sequence of the Search, the said statement was held not to be of any consequence. A similar analysis is available in CIT vs. Jupiter Builders P. Ltd., [2006] 287 ITR 287 (Delhi) where the conclusion was that income not disclosed or unearthed as a result of the Search or Requisition cannot be brought to tax under Chapter-XIVB of the....