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2010 (11) TMI 631 - DELHI HIGH COURTBlock Assessment - Provisions of section 158BD - Search u/s 132 - Assessment of person other than the person whose premises were searched - The appellant (revenue) submitted that the satisfaction of the Additional Director of Income-tax was sufficient compliance with the provisions of section 158BD - Cannot agree with this submission because the plain reading of the provisions of section 158BD specify that it is the Assessing Officer who is to be satisfied that there is any undisclosed income belonging to such other person - The Additional Director of Income-tax (Investigation) was not the Assessing Officer of Yadav & Co. - It is only the satisfaction of the Assessing Officer of the person in respect of whom the search is conducted that is relevant - Held that the Tribunal has correctly applied the law as laid down by the Supreme Court in the case of Manish Maheshwari v. Asstt. CIT [2007 -TMI - 2889 - SUPREME COURT OF INDIA] in arriving at the conclusion that the proceedings under section 158BD/BC in respect of the assessee were without jurisdiction - Thus, the appeal is dismissed accordingly.
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