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After considering these, the assessment order for the block period was completed and assessment made at Rs. 2,68,80,387/-. Additions made in the order included the amounts of Rs. 1,72,000/- and Rs. 2,50,000/- on account of loan, Rs. 75,00,000/- on foreign trips, Rs. 9,50,000/- on account of professional receipts, Rs. 10,80,000/- on account of household expenses and an addition of Rs. 90,00,000/- on account of unexplained gifts received. The AO further made an addition of Rs. 5,00,000/- as undisclosed sources for the assessment year 1992-93 on account of alleged estimated income from M/s Triad Associates assuming it to be the proprietorship concern of Sangeeta Misra; and an addition of Rs. 6,00,000/- allegedly on account of difference in professional receipts and cash in hand.

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Section 158BB (1) & 158BC of the Income Tax Act, 1961 — Search and seizure — Block assessment — A block assessment is to be carried out on the basis of material found during the course of search and not as a result of other documents or material which come to the possession of the AO subsequent to the conclusion of the search operation unless and until such material has a relationship or connection with certain material or evidence found during the course of search. AO had no jurisdiction to make the additions under section 158BC as AO did not come across any material during the course of search and the addition for the income earned from TA was made on the basis of the statement made subsequent to the search and hence, could not form part of the undisclosed income for the block period — Commissioner of Income Tax vs. Pinaki Misra [2017] 392 ITR 347 (Delhi)

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