TMI Blog2016 (11) TMI 1370X X X X Extracts X X X X X X X X Extracts X X X X ..... sale of the shops and offices in the assessee’s other concerns. Having regard to all these conspectus of facts, the AO expressed under Section 153C of the Act that the documents so seized “belonged” to the assessee. We are unpursuaded by the assessee’s submissions that the expression “belonged”, in the context in which it was used has to be understood as imputing “relating to”, or any other term. Plainly put, the AO was satisfied that the documents belonged to the assessee in view of what was contained or brought out on a fair reading of their contents. It must not to be overlooked that while construing a document, expressions should not be interpreted too literally as if they are, words, carved in stone or in a Statute - as the ITAT di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... operation was carried out in the premises of Shri Tejwant Singh and one Shri Ved Prakash Bharti. A survey too was conducted under Section 133A of the Act in the premises of the assessee. As a consequence of that, notice was issued to the assessee under Section 153C of the Act by the Assessing Officer (AO), who also co-incidentally happened to be the AO of the searched party i.e Tejwant Singh and Ved Prakash Bharti and had issued notice under Section 153A of the Act. The assessments and additions finally made in the block period were the subject matter of an appeal to the CIT(A), which upheld that. In the circumstances, the assessee s appeal to the ITAT, which upheld it at the threshold stating that the satisfaction note recorded under Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction note that formed basis of the notice under Section 153C of the Act to the assessee in this case are extracted below:- Name and address of the assessee : M/s Super malls (P) Ltd Sector12, HUDA, Karnal Regd Office at 51 - Transport Centre, Punjabi Bagh, New Delhi. Asstt. Year : 2005-06 to 2010-11 PAN : AAICS2163F Status : Company Reasons/Satisfaction note for taking up the case of M/s Super Malls (P) Ltd. Sector- 12, HUDA, Karnal Regd. Office at 51Transport Centre, Punjahi Bagh, N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e above and as per the provisions of sub-section 91 of Section 153C of the Act, I am satisfied that the document seized from the residence of Sh. Ved Parkash Bharti belongs to a person i.e. Super Mall (P) Ltd, other than the person referred in section 153A. Accordingly it is directed to issue such person (M/s Super Mall (P) Ltd) notice and assess and reassess income in accordance with the provision of section 153A of the Act. Dated: 22.02.2013 -sd/- (VED PARKASH KALlA) Asstt. Commissioner of Income Tax, Central Circle, Karnal 9. A plain reading of the note clearly shows that search in the business premises of two individuals was carried out; equally, survey of premises of the assessee was also carried out. In t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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