SURINDER KUMAR Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) This order shall dispose of I. T. A. Nos. 389 and 390 of 2009 as, according to the learned counsel for the parties, identical questions are involved therein. For brevity, the facts are being extracted from I. T. A. No. 389 of 2009.

(2.) I. T. A. No. 389 of 2009 was admitted by this court, vide order dated February 17, 2010, for determination of the following substantial questions of law :

(3.) Briefly stated, the facts necessary for adjudication as pleaded in the appeal are that a search was conducted at the premises of the assessee on March 24, 2000, in pursuance of which under section 158BC of the Income-tax Act, 1961 (in short "the Act"), was issued on April 24, 2001, directing the assessee to file returns for the period from April 1, 1989, to March 24, 2000, relevant to the block period from 1990-91 to 2000-01. The assessee filed his return of income on May 24, 2001, declaring nil income. The assessment was completed at an income of Rs. 2,61,149, vide order dated March 28, 2002. Feeling aggrieved, the assessee filed an appeal before the Commissioner of Income-tax (Appeals) (hereinafter referred to as "the CIT(A))" who, vide order dated November 15, 2002, while partly allowing the appeal deleted the additions. Against the order of the Commissioner of Income-tax (Appeals), the Revenue approached the Income-tax Appellate Tribunal, Chandigarh Bench "A", Chandigarh (in short "the Tribunal") who, vide order dated April 25, 2008, partly allowed the appeal. Hence, the present appeal by the assessee.