Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2015 (4) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (4) TMI 189 - HC - Income TaxScope of Section 153C - exemptions u/s 11 denied - Revenue sought to rely on a search and seizure which revealed that certain documents were seized from the premises - Held that:- On mere seizure of these documents it was not established that the assessment proceedings could have been reopened. There are similar questions and which were raised in relation to an associate trust. Those questions were not termed as substantial questions of law by this Court. The Tribunal examined the scope of Section 153C of the Income Tax Act, 1961 and observed that the provision cannot be resorted unless the Authorities find any material which is incriminating in nature. In the facts of this case, there was no justification in proceeding under Section 153C of the Income Tax Act, 1961 and, therefore, we find that the Tribunal's view was justified in the facts and circumstances peculiar to the Assessee. A similar issue was decided in by this Court in the case of the same Assessee [2014 (7) TMI 94 - BOMBAY HIGH COURT ] - Decided against revenue.
|