NDLI: K.l. Swamy Vs. The Commissioner of Income Tax & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Block assessment Income Tax Act 1961 Undisclosed income of any other person Levy of interest
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Income Tax Act, 1961 (43 of 1961)
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Income Tax Act, 1961: ss. 158BC, 158BD, 158 BFA(1) – Block assessment – Undisclosed income of any other person – Levy of interest – Assessee belatedly filed return for block period in response to notice u/s. 158BD by including undisclosed income – Absence of any notice u/s. 158BC – Liability for period prior to 01.06.1999 – Levy of interest u/s. 158BFA(1) by the assessing officer – Sustainability of – Held: Persons other than searched persons’ liable to pay interest on late filing of the return u/s. 158BC even in the absence of notice u/s. 158BC and even for the period prior to June 1999 –Chapter XIV-B prescribes a special procedure for computation of income for the block period in search and seizure cases – It is a complete code in itself providing for self-contained machinery for assessment of undisclosed income for the block period – s. 158BD would be applicable in case of any person other than a person with respect to whom search was made – Thus, in case of the person other than searched person the notice u/s. 158BD would be required and in case of late filing of the return u/s. 158BC, the interest would be leviable u/s. 158BFA – Any other interpretation would lead to s. 158BD nugatory – By inserting the words “under Section 158BC” in s. 158BD, the Parliament intended to clarify that the assessment for the block period in case of the persons other than searched persons would also be as per the procedure u/s. 158BC – In the instant case, the persons searched were issued notice u/s. 158BC and in case of the appellant-director of the Company, who is the “other person”, the notice u/s. 158BD was issued – It cannot be said that the in absence of any notice u/s. 158BC served upon the persons other than searched persons for the period prior to the amendment in s. 158BD vide Finance Act, 2002, there would not be any liability to pay interest u/s. 158BFA. s.113 proviso – Surcharge – Levy of – Held: Assessee not liable to pay the surcharge under proviso to s. 113 – Order passed by the High Court and the assessment order qua the surcharge under proviso to s. 113 quashed and set aside.
Judge	Hon'ble Mr. Justice M.R. Shah
Neutral Citation	2023 INSC 28
Petitioner	K.l. Swamy
Respondent	The Commissioner Of Income Tax & Anr.
SCR	[2023] 1 S.C.R. 689
Judgement Date	2023-01-13
Case Number	3074

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