Consequently, the Appellant intimated the Assessing Officer through a letter dated 21.10.2002 that the block return has already been filed for the aforesaid period on 08.11.1999.
Pursuant to the same, the Appellant filed his block return for the aforesaid period on 08.11.1999 declaring his aggregate undisclosed income at Rs 14 lakhs.
3,48,56,430/ .
On 29.11.2002, the Assessing Officer passed the assessment order while assessing the undisclosed income of the Appellant to the tune of Rs.
174/Kol/2003.
On 14.08.2000, the Additional Commissioner perused the records and directed the Assessing Officer to take appropriate steps in order to determine the income of the assessee.
Being aggrieved, the Appellant preferred an Appeal being No.
Signature Not Verified Digitally signed by ASHA SUNDRIYAL Date 2018.04.24 174044 IST Reason Brief facts The Appellant is a partner in a Partnership Firm by name Nityakali Rice Mill in short the Firm .
Vide judgment and order dated 17.11.2005, the Division Bench had dismissed the appeal filed by the assessee.
34 lakhs were seized.
Being aggrieved, the Appellant preferred an appeal being No.
Pursuant to the order dated 20.11.2000, a fresh numberice under Section 158BC read with Section 158BD of the IT Act was issued to the Appellant to file the block return for the period 1989 90 to 1999 2000.
Thereafter, on 09.09.1999, a numberice was issued to the Appellant by the Assessing Officer under Section 158BC of the Income Tax Act, 1961 in short the IT Act to prepare and file a true and companyrect return of his total income including the undisclosed income in respect of which he was assessed for the block period 1989 90 to 1999 2000.
133/CIT A Bwn/02 03 before the Commissioner of Income Tax Appeals .
Meanwhile, an application was filed by the Appellant before the Additional Commissioner of Income Tax, Asansol, praying for his intervention and issue of necessary direction to the Assessing Officer under Section 144A of the IT Act.
On 20.11.2000, Block Assessment Order was passed by the Deputy Commissioner of Income Tax stating that the return filed in the case of the Firm should be accepted as Nil income and also directed to initiate proceedings against the Appellant for the assessment of undisclosed income for the block period under Section 158BD of the IT Act.
The Additional Commissioner issued separate directions under Section 144A of the IT Act in the cases of M s. Nitya Kali Rice Mill, Kartick Dutta, Shambhu Mondal and Tamal Mondal and the Draft Assessment Order under Section 158BC of the IT Act was sent to the Joint Commissioner of Income Tax, Burdwan, Range 2 for approval which was returned by the Joint Commissioner on 16.11.2000 stating that numberwarrant for authorization was issued in the names of the persons mentioned in the Draft Assessment Order.
Being aggrieved by the judgment and order dated 17.11.2005, the Appellant has preferred this appeal before this Court.
ITA 174 of 2005 before the High Court.
The Tribunal, vide order dated 29.04.2005, dismissed the appeal filed by the Appellant while partly allowing the appeal filed by the Revenue.
3,48,56,430/ as assessed by the Assessing Officer.
66,55,911/ as against Rs.
At the same time, the Revenue also went in appeal by filing IT SS 178/K/2003 before the Tribunal.
Being aggrieved, the Appellant filed an appeal being No.
IT SS /174/Kol/2003 before the Tribunal.
On 06.11.1998, a search was companyducted at the business premises of the Firm by the Income Tax Department and several documents books including a sum of Rs.
On the very same day, a separate numberice under Section 158BC was issued in the name of the said Firm by the very same Assessing Officer.
Vide order dated 18.09.2003, the Commissioner of Income Tax Appeals held that the undisclosed income of the block period in the instant case should be taken in the aggregate sum of Rs.
174 of 2005 whereby a Division Bench of the High Court dismissed the appeal of the appellant herein while upholding the judgment and order dated 29.04.2005 passed by the Income Tax Appellate Tribunal in short the Tribunal D Bench, Kolkata in IT SS A No.
K. Agrawal, J. This appeal has been filed against the impugned final judgment and order dated 17.11.2005 passed by the High Court at Calcutta in Income Tax Appeal No.
