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COMMISSIONER OF INCOME TAX Versus VALLABHDAS VITHALDAS

2015 (5) TMI 615 - GUJARAT HIGH COURT

Revision u/s 263 - whether Tribunal was right in coming to the conclusion that the basis of intervention by the Commissioner should be part of the records in the assessment proceedings of the assessee and the statements in the search operations regarding the son of the assessee could not be considered as forming part of assessment of the assessee and thus the action was invalid? - Held that:- As regards the reasoning which appealed to the Tribunal, the word "therein" is not necessarily capable o .....

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se of exercising that power, the examination by the Commissioner is not required to be confined to the record of that assessee's case as such record could be any record relating to any proceeding under the Income-tax Act. There is nothing in the provisions of Section 263(1) to take such a narrow view of the powers of the Commissioner. Any doubt which could arise has been removed by the legislature by inserting through the Finance Act, 1988 an explanation and further amending it by Finance Act, 1 .....

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the ground that some other arguments could have been urged which were not considered by the Supreme Court. - Decided in favour of the revenue. - INCOME TAX REFERENCE NO. 65 of 1988 With INCOME TAX REFERENCE NO. 66 of 1988 - Dated:- 30-3-2015 - MR. M.R. SHAH AND MR. S.H.VORA,JJ. FOR THE APPLICANT : MR PRANAV G DESAI, ADVOCATE JUDGMENT (PER : HONOURABLE MR.JUSTICE M.R. SHAH) [1.0] Both these References, at the instance of the revenue, are referred to this Court for the opinion of this Court by th .....

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assessee and thus the action was invalid? [1.1] It is required to be noted that both these References initially came to be heard by the Division Bench of this Court (Coram:-M.S. Shah & D.A. Mehta, JJ. [as they then were]) and Hon ble Mr. Justice M.S. Shah (as he then was) was of the view that the issue was covered by the decision of the Hon ble Supreme Court in the case of CIT Vs. Manjunathesware Packing Products reported in (1988) 231 ITR 53. Consequently, since the learned Tribunal had set .....

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der Section 263 of the Act provided the twin conditions of the order of the Assessing Officer being erroneous and being prejudicial to the interest of the revenue are satisfied. [1.2] In view of the difference of opinion between the two learned Judges of this Court, both these References were referred to the third learned Judge and by judgment and order dated 27/02/2015 & 13/03/2015 the learned Single Judge (Hon ble Mr Justice Akil Kureshi) has concurred with the view of Hon ble Mr. Justice .....

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o not permit any limitation being placed on the power of the Commissioner that the power under Section 263(1) can be exercised only on the basis of the statements which are recorded in the course of search and seizure operations in respect of the very assessee and not in respect of any other person. The Apex Court has in terms overruled the decision of the Calcutta High Court in Ganga Properties' case (118 ITR 447) on which the Tribunal had relied while passing the order giving rise to these .....

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39;s case. The exercise of power by the Commissioner under Section 263(1) is obviously in respect of the assessee's case but for the purpose of exercising that power, the examination by the Commissioner is not required to be confined to the record of that assessee's case as such record could be any record relating to any proceeding under the Income-tax Act. There is nothing in the provisions of Section 263(1) to take such a narrow view of the powers of the Commissioner. Any doubt which c .....

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