HIGH COURT OF GUJARAT
Deputy Commissioner of Income-tax (Asstt.)
versus
Harishkumar J. Gupta
Tax Appeal No. 63 of 2000
Date of Pronouncement – 16.07.2012
JUDGMENT
Akil Kureshi, J. – This appeal filed by the revenue involves the following substantial question of law which was framed by this court while admitting the appeal:-
“Whether the Appellate Tribunal was right in law in directing the Assessing Officer to exclude the income of Rs.12,21,105/- from the block period and assess it in accordance with law while framing the regular assessment, and in doing so, ignored the provisions of sec.158BB(c) of the Income-tax Act?”
2. The question arises in the following factual background. The respondent assessee is assessed to tax as an individual. He was subjected to search and seizure operations. He was served with a notice dated 14-9-1996 issued under section 158BC of the Income Tax Act, 1961 (hereinafter to be referred to as ‘the Act’) for the block period from 1-4-1985 to 31-3-1995. In response to such notice he filed a return on 7-11-1996 declaring total undisclosed income at Rs. 50,000/-. While processing such return, the Assessing Officer dealt with several different issues. We are, however, concerned with only one of them pertaining to the salary income of the respondent assessee received by him during the block period. Details of such salary received by the assessee during five years falling within the block period and tax collected at source on such income are as under:
