TMI Blog2014 (7) TMI 8X X X X Extracts X X X X X X X X Extracts X X X X ..... - merely because the document evidencing the transaction was in possession of the Department, it could not have issued notice to any other person within the meaning of section 153C of the Act particularly so as to reopen the concluded issue - there must be some basis for proceeding u/s 153C of the Act - every single observation and finding of the order of the Tribunal must be read in the backdrop of the facts peculiar to the case of the assessee and not laying down any general rule or law so also the controversy based on construction or interpretation of the provisions not being gone into – thus, no substantial question of law arises for consideration - Decided against Revenue. - Income Tax Appeal No. 894 of 2011 - - - Dated:- 10-6-2014 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction over such other person. Mr Gupta submits that this section mandates that the Assessing Officer must proceed to issue notices and assess or reassess the income of such other person in accordance with the provisions of section 153A of the act. Mr Gupta submits that there is nothing in the language of subsection (2) which would in any manner require the Assessing Officer to hold that the seizure of a document is permissible only if it is incriminating. There is no discretion but the Jurisdictional Assessing Officer has to issue the requisite notice is the submission. Mr Gupta submits that the findings recorded by the Tribunal in paragraphs 24 and 25 of the impugned order render the provisions of section 153C totally redundant. The critic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the Assessee's case. He submits that the appeal deserves to be dismissed as it does not raise any substantial question of law. 5. We have heard learned counsel for both the sides and perused with their assistance the order of the Tribunal. We have also noted the facts and which appear from the record. It is apparent that the Tribunal referred to the seized documents. During the course of the proceedings, it was noted that the seized documents referred to a transaction in relation to transferable development rights, for short TDR. The Tribunal found that the TDR was taken over by the retiring partner. In the earlier round, the issued raised was whether this was a capital asset and therefore required to be dealt with in terms of se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... facts of this case observed that a casual resort to section 153C of the Act is impermissible. There must be some basis for proceeding under section 153C of the Act. The Tribunal referred to the satisfaction which is recorded by the Assessing Officer. It is only thereafter that he can proceed in accordance with the provisions of the said section. We do not see how the observations by themselves raise any substantial question of law. The observations and findings in paragraphs 24 and 25 of the order must be seen as confined and restricted to the facts peculiar to the case of the Respondent - Assessee. These are findings rendered for the purpose of disposal of the Appeal before the Tribunal. Beyond that nothing is held based on which we can e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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