Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2018 (2) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (2) TMI 111 - HC - Income TaxValidity of search and seizure operation u/s 132(1) - whether authorization, search and seizure and subsequent proceedings all relate to assessee or not? - assessment under Section 158BC - Held that:- Tribunal has not examined sufficiency of material on which authorization under Section 132(1) was issued by competent authority but has examined identity of person in respect of whom authorization was issued under Section 132 (1) and search and seizure operations were carried on. Had it been a different person, and there would have been another person in the same premises with the title mentioned in the authorization and also in panchnama and material seized also would not have been belonged to Assessee, in our view, difference of identity in that case would have been sufficient to vitiate entire proceedings. On the contrary factum that search and seizure was at the premises of Assessee and material also belonged to Assessee was not disputed. It is in these facts and circumstances, we find that proven facts and truth is that search was actually conducted at the premises belong to Assessee i.e. "M/s. Verma Roadways", documents etc. were seized from its premises and when Assessee was called upon to explain, he gave various reasons and explanations without raising any dispute that there was no warrant of search validly issued in its respect and therefore, it was not liable to respond to any notice issued under Section 158 BC. Thus we find it difficult to hold that in the present case mention of different title in authorization and panchnama would be sufficent to hold that proceedings under Section 132(1) were conducted against different person and not Assessee. That being so proceedings under Section 158BC against Assessee also cannot be held bad. Search and seizure operations must be held to have been conducted against Assessee and, therefore, on the basis of material collected in search and seizure operations, ACIT/AA was justified in proceeding to make assessment under Section 158BC. - Decided against assessee.
|