The Tax Publishers2020 TaxPub(DT) 4785 (Mad-HC)

INCOME TAX ACT, 1961

Section 158BC

Surcharge cannot be levied by AO for block assessment pertaining to period prior to 1-6-2002.

Search and seizure - Block assessment - Levy of surcharge for block assessment pertaining to period prior to 1-6-2002. -

Assessee challenged order of revenue assessing liability of assessee for income tax for the block period from 1-4-1989 to 2-3-2000 under section 143(3) read with section 158BC. Case of assessee was that surcharge cannot be levied by AO for block assessment pertaining to period prior to 1-6-2002. Held: Order in question insofar as it levied surcharge with consequential interest thereon, could not be sustained and that portion of assessment shall stood deleted. Assessment of assessee in other respects was confirmed.

Followed:CIT v. Vatika Township Private Ltd. (2014) 367 ITR 466 (SC) : 2014 TaxPub(DT) 3934 (SC).

REFERRED :

FAVOUR : In assessee's favour

A.Y. : 1-4-1989 to 2-3-2000



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