Income Tax Act, 1961
Section 4: Ins. by Act 21 of 1998, s. 44 (w.e.f. 11995).
4. Ins. by Act 21 of 1998, s. 44 (w.e.f. 11995).
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(b) the total undisclosed income relating to the block period shall not include the income assessed
in any regular assessment as income of such block period;
(c) the income assessed in this Chapter shall not be included in the regular assessment of any
previous year included in the block period.]
(3) Where the assessee proves to the satisfaction of the Assessing Officer that any part of income
referred to in sub-section (1) relates to an assessment year for which the previous year has not ended or
the date of filing the return of income under sub-section (1) of section 139 for any previous year has not
expired, and such income or the transactions relating to such income are recorded on or before the date of
the search or requisition in the books of account or other documents maintained in the normal course
relating to such previous years, the said income shall not be included in the block period.
158BB. Computation of undisclosed income of the block period.—(1) The undisclosed income of
the block period shall be the aggregate of the total income of the previous years falling within the block
period computed, 1[in accordance with the provisions of this Act, on the basis of evidence found as a
result of search or requisition of books of account or other documents and such other materials or
information as are available with the Assessing Officer and relatable to such evidence], as reduced by the
aggregate of the total income, or as the case may be, as increased by the aggregate of the losses of such
previous years, determined,—
(a) where assessments under section 143 or section 144 or section 147 2[have been concluded
prior to the date of commencement of the search or the date of requisition], on the basis of such
assessments;
(b) where returns of income have been filed under section 139 3[or in response to a notice issued
under sub-section (1) of section 142 or section 148] but assessments have not been made till the date
of search or requisition, on the basis of the income disclosed in such returns;
4[(c) where the due date for filing a return of income has expired, but no return of income has
been filed,—
(A) on the basis of entries as recorded in the books of account and other documents
maintained in the normal course on or before the date of the search or requisition where such
entries result in computation of loss for any previous year falling in the block period; or
(B) on the basis of entries as recorded in the books of account and other documents
maintained in the normal course on or before the date of the search or requisition where such
income does not exceed the maximum amount not chargeable to tax for any previous year falling
in the block period;
(ca) where the due date for filing a return of income has expired, but no return of income has
been filed, as nil, in cases not falling under clause (c);]
(d) where the previous year has not ended or the date of filing the return of income under
sub-section (1) of section 139 has not expired, on the basis of entries relating to such income or
transactions as recorded in the books of account and other documents maintained in the normal
course on or before the date of the search or requisition relating to such previous years;
(e) where any order of settlement has been made under sub-section (4) of section 245D, on the
basis of such order;
the total undisclosed income relating to the block period shall not include the income assessed
in any regular assessment as income of such block period;
the income assessed in this Chapter shall not be included in the regular assessment of any
previous year included in the block period.]
Where the assessee proves to the satisfaction of the Assessing Officer that any part of income
referred to in sub-section
relates to an assessment year for which the previous year has not ended or
the date of filing the return of income under sub-section
of section 139 for any previous year has not
expired, and such income or the transactions relating to such income are recorded on or before the date of
the search or requisition in the books of account or other documents maintained in the normal course
relating to such previous years, the said income shall not be included in the block period.
158BB. Computation of undisclosed income of the block period.—
The undisclosed income of
the block period shall be the aggregate of the total income of the previous years falling within the block
period computed, 1[in accordance with the provisions of this Act, on the basis of evidence found as a
result of search or requisition of books of account or other documents and such other materials or
information as are available with the Assessing Officer and relatable to such evidence], as reduced by the
aggregate of the total income, or as the case may be, as increased by the aggregate of the losses of such
previous years, determined,—
where assessments under section 143 or section 144 or section 147 2[have been concluded
prior to the date of commencement of the search or the date of requisition], on the basis of such
assessments;
where returns of income have been filed under section 139 3[or in response to a notice issued
under sub-section
of section 142 or section 148] but assessments have not been made till the date
of search or requisition, on the basis of the income disclosed in such returns;
4[
where the due date for filing a return of income has expired, but no return of income has
been filed,—
on the basis of entries as recorded in the books of account and other documents
maintained in the normal course on or before the date of the search or requisition where such
entries result in computation of loss for any previous year falling in the block period; or
on the basis of entries as recorded in the books of account and other documents
maintained in the normal course on or before the date of the search or requisition where such
income does not exceed the maximum amount not chargeable to tax for any previous year falling
in the block period;
where the due date for filing a return of income has expired, but no return of income has
been filed, as nil, in cases not falling under clause
where the previous year has not ended or the date of filing the return of income under
sub-section
of section 139 has not expired, on the basis of entries relating to such income or
transactions as recorded in the books of account and other documents maintained in the normal
course on or before the date of the search or requisition relating to such previous years;
where any order of settlement has been made under sub-section
of section 245D, on the
basis of such order;