2016 (2) TMI 277 - DELHI HIGH COURT
Pr. Commissioner of income tax-12 Versus RL Allied Industries
Validity of assessment u/s 153 C - Held that - In the present case, there is no doubt that it was only on 24th March 2009 that the AO of the Assessee received the documents seized and it was on that date a notice under Section 153C (1) was issued and served upon the Assessee. Consequently, this Court finds no legal error in the conclusion of the ITAT that notice under Section 153C (1) could not have been issued for AYs 2001-02 and 2002-03. - Decided in favour of assessee.
2016 (1) TMI 1085 - ITAT JAIPUR
Jypore Manufacturing Jewellers (P) Ltd., The ACIT Central Circle- 3, Jaipur Versus The JCIT (OSD) , Central Circle- 3, Jaipur, Jypore Manufacturing Jewellers (P) Ltd.
Validity of assessments u/s 153A - Held that - Original notice was issued u/s 153A and there as neither any warrant or search on assessee. Similarly while issuing notice u/s 153C no satisfaction in this behalf in the case of Modi group nor there was any assessment in the case of Shri Govind Dev as the 153A proceedings were dropped in that case. The satisfaction recorded by AO initiating 153C is silent regarding the pending proceeding initiated u/.....
2016 (1) TMI 988 - ITAT DELHI
Mr. Pawan Kumar Jain Versus Deputy Commissioner of Income Tax, Central Circle-3, New Delhi and Vica-Versa
Validity of the jurisdiction u/s 153C - Held that - In the present case no incriminating material was unearthed during the course of search or requisition of document or undisclosed income or property discovered in the course of search which were not produced or not already disclosed or made known in the course of original assessment. We, therefore, by keeping in view the ratio laid down by the Hon ble Jurisdictional High Court in the aforesaid r.....
2015 (12) TMI 1081 - DELHI HIGH COURT
PR. Commissioner of Income Tax -03 Versus M/s Flucky Leasing & Finance Pvt. Ltd.
Assessment u/s 153C - assumption of jurisdiction by the AO under Section 153C - Held that - Admittedly, the Assessee was not one of the entities that was subjected to search and seizure operation under Section 132 of the Act. The assessments were also framed under Section 153C of the Act; although the assessments order reflect that the assessments were framed under Section 143(3)/153A(b) of the Act, the orders passed by the CIT(A) indicates the s.....
2015 (12) TMI 1118 - ITAT KOLKATA
D.C.I.T, CC-1, A.C.I.T, CC-XII Kolkata Versus Shri Sheo Kumar Kajaria, M/s. Gopal Das Kothari (HUF) , Shri Sajjan Kumar Patwari (HUF)
Penalty u/s 271(1)(c ) - income offered after the search but in the return filed u/s 153A / 153C - Held that - The assessee has cumulatively satisfied all the conditions stipulated in Clause 2 of Explanation 5 to Section 271(1)( c) of the Act and hence entitled for immunity from levy of penalty for all the assessment years under appeal. BR BR The assessee had made voluntary disclosure during the course of search assessment proceedings after filin.....
2015 (12) TMI 1115 - ITAT DELHI
Super Malls Pvt. Ltd. Versus Deputy Commissioner of Income Tax, Central Circle
Validity of assessment u/s 153C - Held that - No satisfaction has been recorded in the case of searched person and the satisfaction, if any, recorded in the case of other person will not cure the defect because it is necessary that the satisfaction must be recorded by the AO of the searched person and thereafter the documents are to be handed over to the AO of other person and this position will not alter even if the AO for the searched person an.....
2015 (12) TMI 696 - ITAT HYDERABAD
M/s. Trinity Infra Ventures Ltd., New Delhi Versus DCIT, Hyderabad.
Revision u/s 263 - CIT(A) revising the assessment order passed under section 143(3) read with section 153C for the respective assessment years - Held that - We find that the assessee has given the venture-wise details of income from land along with the name of the party, the document no. and the consideration received and recorded in its books of account for all the relevant assessment years under consideration. We find that the assessee has file.....
2015 (12) TMI 304 - DELHI HIGH COURT
PR. Commissioner of Income Tax-06 Versus Nikki Drugs & Chemicals Pvt. Ltd.
Validity for assessment u/s 153A - Notice u/s 153C - Held that - The documents in question could not be said to belonging to the Assessee. In Pepsico India Holdings Pvt. Ltd. (2014 (8) TMI 898 - DELHI HIGH COURT), this Court has explained that the expression belongs to must not be confused with the expression relates to . As an illustration, this Court has referred to a registered sale deed which, although, registered by the vendor would belong t.....
2015 (11) TMI 1307 - ITAT DELHI
Asstt. Commissioner of Income Tax Versus M/s. Amrapali Grand And Vica-Versa
Validity of action and notice u/s 153C - Held that - In the present case, the base of document does not belong or belongs to the present assessee as the Assessing Officer of the other person himself was not clear in his mind that whether this chart belongs to or belong to the present assessee, therefore, he made jugglery of words by mentioning that the company wise non appearing in these pages will be treated as documents pertaining to all respec.....
2016 (1) TMI 463 - ITAT HYDERABAD
Raghuveer Singh and Bodiga Ramdas Goud, Versus The Deputy Commissioner of Income Tax, Central Circle-7, Hyderabad
Penalty levied u/s. 271(1)(c) - Proceedings u/s. 153A/153C - Held that - There were no incriminating material found. Particularly in the case of Shri Raghuveer Singh, as no search has occurred in his place, Explanation-5A cannot be invoked. In the case of Shri B. Ramdas Goud, even though search has occurred, nothing was found therefore, so Explanation-5A is not applicable. In both the cases, assessees explanation was that incomes were offered on .....
2015 (12) TMI 559 - ITAT PUNE
Kranti Realtors Pvt. Ltd. Versus The Asstt Commissioner of Income Tax, Central Circle-2 (2) , Pune
Assessment order passed under section 153C r.w.s. 143(3) - Held that - It is not the case of assessee that the jurisdiction invoked under section 153C of the Act by the Assessing Officer is not correctly invoked. The assessee has not challenged the addition made in its hands for the captioned assessment year on the basis of incriminating documents found from his possession. In view thereof, the assessment order passed under section 153C r.w.s. 14.....
2016 (1) TMI 640 - ITAT KOLKATA
Smt Jyotsna Desai And Chandravadan Desai Versus Asstt Commissioner of Income Tax Circle-32, Kolkata
Validity of assessment u/s 153C - Held that - No satisfaction in terms of section 153C of the Act were recorded by the Assessing Officer of the searched person u/s 132 of the Act to reach to a conclusion that the contents in the seized documents belongs to the assesses (i.e a person other than the searched person) and accordingly, we hold that the search assessments framed u/s 153C read with section 143(3) of the Act on the assesses herein are de.....
2015 (11) TMI 410 - DELHI HIGH COURT
Commissioner of Income Tax-7 Versus M/s Refam Management Services (P) Ltd.
Assessment u/s 153A - Addition under Section 69C - Held that - The only document seized during the search in question was a cheque book pertaining to the Assessee which reflected issue of cheques during the period August 2008 to October 2008, relevant to the AY 2009-10. The facts and the questions of law that arise in these appeals are similar to the facts and the controversy involved in RRJ Securities Ltd. (2015 (11) TMI 19 - DELHI HIGH COURT ) .....
2015 (11) TMI 19 - DELHI HIGH COURT
Commissioner of Income Tax-7 Versus RRJ Securities Ltd. And Vica-Versa
Addition under Section 69C - AO bringing to tax the amounts disallowed in the course of search assessment under Section 153C - Held that - In the case of a searched person the AO of the searched person assumes possession of seized assets/documents on search of the Assessee; the seized assets/documents belonging to a person other than a searched person come into possession of the AO of that person only after the AO of the searched person is satisf.....
2015 (11) TMI 1123 - ITAT AHMEDABAD
M/s. Shiv Associates 7, Nadiad Versus DCIT, Central Circle-2, Baroda
Validity of notice issued u/s. 153C - Held that - Assessing Officer of assessee did not record any satisfaction prior to issue of notice u/s 153C. The so-called satisfaction recorded in the notice u/s 153C is totally vague. It has not specified which valuable articles/things/books of accounts/documents were found from Shri Rameshbhai B, Shah which belongs to the assessee. In the assessment order the Assessing Officer has mentioned that in the lap.....