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CIT Versus Renu Constructions Pvt Ltd., Ankit Gupta And Pr. Commissioner of Income Tax, Delhi Versus Ankit Gupta, L/H Manoj Kumar

2017 (9) TMI 670 - DELHI HIGH COURT

Annulling the block assessment order - validity of proceedings under Section 153C - Held that:- Supreme Court in Commissioner of Income Tax, Pune v. Sinhgad Technical Education Society [2017 (8) TMI 1298 - SUPREME COURT OF INDIA] settles the legal position in favour of the Assessee held that a document seized ‘should belong to a person other than the person referred to in Section 153A of the Act’. It has been categorically observed by the Supreme Court that the above position of law laid down by .....

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son. - Decided in favour of Assessee - ITA 499/2011, ITA 32/2012, ITA 35/2012, ITA 41/2017, ITA 125/2017 - Dated:- 6-9-2017 - S. Muralidhar And Prathiba M. Singh, JJ. For the Appellant : Mr. Asheesh Jain, Sr. Standing Counsel For the Respondent : Mr. Piyush Kaushik, Advocate ORDER 1. ITA No. 499 of 2011, ITA Nos. 32 and 35 of 2012 are appeals by the Revenue under Section 260A of the Income Tax Act, 1961 ( Act ) against a common order dated 18th June 2010 passed by the Income Tax Appellate Tribun .....

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is perverse in the facts and circumstances of the case? 2. ITA Nos. 41 and 125 of 2017 are directed against a common order dated 10th December 2015 in ITA Nos. 41 and 42/Del/2010 for AYs 2000-01 and 2002-03. While admitting these appeals on 21st March 2017, this Court framed the following question of law for consideration: "Was the ITAT justified in holding that the block assessment order in the present case was not in accordance with law." 3. A search and seizure operation took place .....

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tions Pvt. Ltd.) and 30th October 2009 (in the case of Mr. Ankit Gupta), CIT(A) held that the assumption of jurisdiction under Section 153C of the Act was erroneous. 5. The Revenue then went in appeal before the ITAT. By the impugned orders dated 18th June 2010 and 10th June 2011 the ITAT concurred with the CIT(A) that since the seized documents did not 'belong' to the Assessees, although they may have pertained to them, the assumption of jurisdiction under Section 153C stood vitiated. 6 .....

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e prior to the amendment to Section 153C of the Act with effect from 1st June 2015, it is sufficient, for the purpose of initiation of proceedings under Section 153C of Act, that the seized documents pertained to the Assessee and did not have to be shown at that stage to be belonging to the Assessee. 7. Learned counsel for the Respondents-Assessees, on the other hand, pointed out that this Court has, in Principal Commissioner of Income Tax (Central-2) v. Vinita Chaurasia [2017] 394 ITR 758 (Del) .....

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une 2015. The amended provision therefore has no application to the cases on hand. 8. The recent decision of the Supreme Court in Commissioner of Income Tax, Pune v. Sinhgad Technical Education Society [2017] 84 taxmann.com 290 (SC) settles the legal position in favour of the Assessees. The Supreme Court, while affirming the judgment of the Bombay High Court, approved the decision of the Gujarat High Court in Kamleshbhai Dharamshibhai Patel v. Commissioner of Income Tax-III, (2013) 263 CTR (Guj) .....

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