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Section 69A, 132 of Income Tax Act, 1961— Undisclosed income — A search under Section 132 of the Income Tax Act 1961was conducted in the case of the husband of the Assessee on 18.01.2000 and during the course of search, certain investments in favour ofassessee was found and the Block Assessment Proceedings had been initiated against the assessee as well as against her husband by issuing notice under Section 158BD of the IT Act on 31.01.2000 and 31.05.2000 respectively. The assessee has filed her return of Income on 28.02.2002, declaring Nil Income and the husband of the assessee has also filed his return of income on 31.01.2001. The assessee, challenged the legality of the said order filed further application before the Income Tax Appellate Tribunal (ITAT), and the Income Tax Appellate Tribunal, vide impugned order dated 31.08.2017, has partly allowed the appeal.The assessee has filed the present appeal.
Court held thatonce certain portion of the undisclosed income are added to the husband and that in respect of certain issues, the Income Tax Appellate Tribunal in the order dated 30.04.2008, filed by her husband, has remanded the matter to the Commissioner of Income Tax(Appeals), and during the course of argument, it have been remanded to the Commissioner of Income Tax(Appeals) for adjudication.The Substantial Questions of Law raised by the assessee, was answered in the favour of assessee. --- N. TAMILSELVI vs. Deputy CIT.[2020] 23 ITCD Online 79 (MAD)