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Supreme Court of India · 24/04/2018

TAPAN KUMAR DUTTA versus COMMISSIONER OF INCOME TAX, WEST BENGAL

[2018] 4 S.C.R. 338 · 2018 INSC 395

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Summary

The Supreme Court upheld a fresh notice under the historical block-assessment provision, section 158BD. The officer could assess both the searched firm and its partner, but first had to examine the seized material and be satisfied that undisclosed income belonged to the partner. The initial section 158BC notice did not satisfy that requirement. The subsequent notice followed the necessary satisfaction; the partner’s appeal was dismissed.

Issues

  1. Whether a fresh section 158BD notice was valid after the initial section 158BC notice.
  2. Whether the same officer could assess the searched firm and the other person.
  3. What satisfaction the seized material had to support.

Provisions considered

Held

Result

Assessee’s appeal dismissed without costs; High Court judgment sustained and fresh section 158BD notice upheld.

Judgment PDF: Supreme Court of India, [2018] 4 S.C.R. 338.