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2010 (4) TMI 639 - HC - Income TaxSearch and seizure under section 132(1) - diary was seized - enquiry being made, Sri Tariq Jamal stated that the said diary was related to Empire Estate Building as was being jointly developed by AOP constituted by me and M/s Super House Overseas Ltd. wherein both of them had a share in the ratio of 60 per cent. and 40 per cent - In the block assessment, the diary was held to be belonging to Tariq Jamal and on that basis an income was treated as undisclosed income of Sri Tariq Jamal - on the basis of the material found at the time of search, a notice under section 158BD was issued - Held that: - diary which is the basis for the issue of the notices under section 158BD have been considered in the case of Empire Estate AOP and the income arising from the entries of the diary has been assessed in the case of Empire Estate AOP, the notices under section 158BD do not survive and liable to be vacated and pass the appropriate order in accordance to law
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