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2009 Supreme(Gau) 325

RANJAN GOGOI, BIPLAB KUMAR SHARMA
Commissioner of Income Tax – Appellant
Versus
Peerchand Ratanlal Baid – Respondent


JUDGMENT

Ranjan Gogoi, J.

1. This appeal under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as the Act) is directed against an order dated 17.1.2006 passed by the Income Tax Appellate Tribunal, Guwahati Bench (hereinafter referred to as the Tribunal). By the aforesaid order the learned Tribunal has interfered with the addition of undisclosed income of the respondent assessee to the extent of Rs. 13,66,715/- for the block period 1986-87 to 1996-97 as made by the Assessing Officer.

2. The brief facts relevant to the present adjudication may be noticed at this stage. There was a search in the Baid Group of Companies on 13.9.1995. The respondent-assessee, a HUF, as the proprietor of one of the group companies, filed the block return for the period 1986-87 to 1996-97 showing undisclosed income of Rs. 60 lakhs. The assessment was completed under Section 158BCof the Act on 30.9.96 determining an undisclosed income of Rs. 1,17,25,416/-. The respondent assessee filed a first appeal before the learned Tribunal against the aforesaid order of assessment which was partly allowed by order dated 28.8.2000. In terms of the direction of the learned Tribunal the undisclosed income





































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