A.M. Sapre, J. - (1.) THE decision rendered in this appeal shall also govern the disposal of another connected appeal being IT Appeal No. 21 of 1999 because both the appeals involved same points. This is an appeal filed by the CIT (Revenue) under section 260A of the IT Act against the order dt. 22nd Dec., 1998, passed by the Tribunal, Jaipur Bench, Jaipur in IT (SS)A No. 1892/Jp/1996.
(2.) THIS appeal was admitted for final hearing on following substantial questions of law: (i) Whether as per s. 158BB(2) of the IT Act while computing undisclosed income of the block period, the provisions of ss. 68, 69, 69A, 69B and 69C shall not be applicable to the relevant financial year? (ii) Whether the burden/onus does not lie upon the assessee to explain the sources of undisclosed income and in absence of such discharge of burden whether the liability cannot be fastened on such assessee? (iii) Whether the Tribunal is right in holding that if transaction has been disclosed in regular assessment then addition cannot be made in block assessment? Looking to the nature of questions framed, it is not really necessary to advert to the factual aspects of the case except to state that the issue relates to block period assessment (1st April, 1985 to 27th Sept., 1995). Since there was a raid conducted in the premises of the assessee under section 132 of the Act and hence pursuant thereto proceedings for assessment under Chapter XTV -B relating to raid case for the block period in question were initiated. It is in these proceedings, the Revenue and assessee while determining her income raised the aforementioned questions.
(3.) AT the outset we may say that so far as question No. 1 is concerned, the same has to be answered by saying that provisions of sections 68, 69, 69A, 69B and 69C of the Act are applicable while computing the undisclosed income of the block period. Indeed no provision under the Act was brought to our notice to show that it excludes the applicability of these sections to assessment made for the block period under Chapter XTV -B. In the light of this discussion, we answer the question No. 1 accordingly.;