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Commissioner of Income Tax, Valsad Versus Parmar Builders & Developers

2015 (4) TMI 837 - GUJARAT HIGH COURT

Validity of the assessment proceedings under Section 158 BC - Held that:- As from the appraisal report in the case of Parmar Group prepared by ADIT (INV), Valsad, which was submitted through additional DIT(INV), Surat, and on perusal it appears that it was a case of survey and there was no search of the premises of the assessee under Section 132 of the Income Tax Act. Whatever the material was collected, was / were during the course of survey at the site office of the Parmar Builders and Develop .....

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ound that material collector during the survey was used while framing the assessment under Section 158 BC of the Act. No substantial question of law arise in the present appeals. On the contrary, we affirm the view taken by the learned Tribunal. - Decided against revenue. - Tax Appeal No. 112 of 2015, Tax Appeal No. 113 of 2015 - Dated:- 8-4-2015 - M. R. Shah And S. H. Vora,JJ. For the Appellant : Mr Sudhir M Mehta, Adv. For the Respondent : Mr Manish J Shah, Adv. ORDER (Per : Honourable Mr. Jus .....

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697 to 1.2.2002 and upto 17.7.2002 and block assessment period 1996-97 to 1.2.2002 and upto 17.7.2002, the Revenue has preferred present Tax Appeal with the following proposed substantial questions of law: "A. Whether on the facts and in the circumstances of the case and in law, the ITAT is justified in setting aside the assessment as invalid relying upon the judgment in the case of CIT vs. Senniappan (2006) 284 ITR 220 (Mad) without considering the fact that the Assessing Officer has taken .....

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velopment. A search/ seizer/ survey was carried out at the office premise of the assessee at 11, Gurudev Complex, Silvassa Road, Vapi on 17.7.2002. That on the basis of material seized, a notice under Section 158 BC of the Income Tax Act was issued to the assessee, asking assessee to file its return of income for the block period ending on 17.7.2002 on 24.4.2003 declaring undisclosed income at Rs.NIL. That thereafter, the notice under Section 143(2) of the Act was issued on 19.5.2002 and notice .....

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eedings under Section 158 BC of the Act. It appears that vide order dated 28.2.2005, the learned CIT (A) partly allowed the appeal of the assessee. Regarding the additions made by the AO on account of undisclosed provide on sale of shops of ₹ 30,84,600/-, the learned CIT(A) restricted two addition of ₹ 7,39,800/- and granted relief to the assessee for ₹ 23,44,800/-. Regarding the income for sale of flats amounting to ₹ 53,79,800/-, the learned CIT(A) allowed the reduction .....

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by the AO on the basis of material collected during the survey action cannot be sustained. Accepting the submissions on behalf of assessee and having found that the AO has made additions in the assessment under Section 158 BC of the Act on the material gathered during the survey and therefore, same was not permissible by impugned judgment and order, the learned Tribunal has allowed the aforesaid appeals and has quashed and set aside the assessment made for block periods in question, made under S .....

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