Section 158BA:
Assessment of undisclosed income as a result of search.
(1) Notwithstanding anything
contained in any other provisions of this Act, where after the 30th day of June, 1995 a search is initiated
under section 132 or books of account, other documents or any assets are requisitioned under section
132A in the case of any person, then, the Assessing Officer shall proceed to assess the undisclosed
income in accordance with the provisions of this Chapter.
(2) The total undisclosed income relating to the block period shall be charged to tax, at the rate
specified in section 113, as income of the block period irrespective of the previous year or years to which
such income relates and irrespective of the fact whether regular assessment for any one or more of the
relevant assessment years is pending or not.
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Explanation.—For the removal of doubts, it is hereby declared that—
(a) the assessment made under this Chapter shall be in addition to the regular assessment in
respect of each previous year included in the block period;
(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.
Notes:
1. Ins. by Act 21 of 1998, s. 44 (w.e.f. 1-7-1995).