Allowing the appeal the Court held that the assessment order passed for the block period under S. 158BC(c) of the Act in the name of the individual, when the warrant of authorisation was issued in the joint names of the assessee and others was not valid in law. The authorities ought to have examined the validity of the search and only then proceed to initiate block assessment proceedings on the facts and circumstances of the case. From a perusal of the material on record, it was evident that there was no seizure with regard to the assessment years 1988-89 and 1989-90 during the course of the search and seizure operations. However, the AO while computing the undisclosed income had taken into account the income in respect of these years also and thus the order passed by the AO was in violation of S. 158BC(c) . The order of block assessment was not valid.( AY. 1991-92 to 1998-99)
Ramnath Santu Angolkar v. Dy. CIT (2019) 106 CCH 0433 / (2020)422 ITR 508/ 275 Taxman 170 (Karn)(HC)
S. 158BC : Block assessment – Search and seizure – The authorities are under an obligation to examine the validity of the search and only thereafter proceed to initiate the block assessment proceedings- Addition made as undisclosed income is held to be bad in law [ S.132 132A, , 292CC ]