GITA DUTTA Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) This appeal is against a block assessment comprising ten previous years. The Stamp Reporter had notified deficiency in payment of Court fees.

(2.) Mr. J.P. Khaitan, learned advocate for the appellant, submits that a block assessment is an exception to, and distinct and, different from, a regular assessment as is apparent from reading of Section 158BA, Explanation and 158BB of the IT Act, 1961. It is an independent assessment over and above the regular assessment covering a block period which gives rise to one cause of action though comprises of several years of assessment.

(3.) After having heard Mr. Khaitan and perusing the provisions contained in Sections 158B, 158BA and 158BB of 1961 Act, it appears that in terms of Clause (a) of Section 158B, block period comprises of previous years relevant to ten assessment years preceding the previous year in which the search was conducted as it stood prior to its amendment effective from 1st of June, 2001. This was explained in Sections 158BA to 158BB to be in addition to the regular assessment in respect of each previous year included in the block period and shall not be included in the regular assessment of any previous years included in the block period excluding the income assessed in regular assessment of income of such block period and in terms of Section 158BB the undisclosed income of the block period shall be the aggregate of the total income of the previous years falling within the block period computed in accordance with the provisions of the 1961 Act.