COMMISSIONER OF INCOME TAX Vs. NITIN MUNJE

JUDGEMENT

(1.) HE is heard on the question of admission.

(2.) THIS appeal has been preferred against the order dt. 9th Aug. , 2002 passed by Tribunal, Indore in IT (SS)A No. 9/ind/96. For the block asst. yr. 1986-87 to 13th Sept. , 1995, the assessee has been assessed to tax by the AO and in the opinion of the AO, the entries made in the diary indicate that concealed income ought to have been assessed for the block assessment period. Accordingly, the income was added and assessed the tax.

(3.) IN appeal, the Tribunal, Indore preferred by the assessee allowed, the appeal holding that there was no dispute that the date of filing of return for the asst. yr. 1995-96 was extended till 31st Oct. , 1995 and when the search was conducted on 13th Sept. , 1995, the due date for filing of the return was due. Assessee claimed that the income relates to the asst. yr. 1995-96 for which the date of filing of the return of income-tax under Sub-section (1) of Section 139 had not expired. Before the AO, the assessee made declaration that he would be showing the income of Rs. 9,00,000 in the return for the asst. yr. 1995.