COMMISSIOANER OF INCOME TAX Vs. DHUNNAR DEVI

JUDGEMENT

(1.) The present appeal has been filed under Section 260A of the Income Tax Act, 1961, hereinafter referred to as "the Act" against the order dated 11.4.2008 passed by the Income Tax Appellate Tribunal, hereinafter referred to as "the Tribunal" relating to the Block Period ending 25.4.2000. The Revenue has proposed the following questions, said to be the substantial question of law arising out of order of the Tribunal:-

(2.) The question raised herein is as to whether in the absence of search/survey having been made in the business/residential premises of the assessee, whether any assessment under Section 158 BC of the Act can be made against such person or not, this Court in Income Tax Appeal No.501 of 2008, Commissioner Income Tax vs. Devi Saran decided on 1.12.2011 has held as follows:-

(3.) This Court has held that the provision of Section 158BC of the Act shall apply only in respect of that assessee in whose business/residential premises a search or survey has been made and not otherwise.