M. Vivek Vs DCIT (Madras High Court)
Material Facts: Search operations under Section 132 of the Income Tax Act, 1961, were conducted on August 10, 2017, by the Deputy Commissioner of Income Tax (Respondent) at the premises of firms operated by Mr. K. Murugesan (the petitioner’s late father), namely M/s. Cholan Auto Finance, M/s. Cholan Finance Corporation, M/s. No.1 Auto Finance, M/s. Helpline Motor Finance, and M/s. Vivek Associates.
During the search, loose sheets were confiscated, digital data was retrieved from software, and sworn statements were recorded on oath from Mr. K. Murugesan on August 10, 2017, August 12, 2017, March 26, 2018, and May 08, 2018. Mr. K. Murugesan passed away on December 13, 2017. The petitioner, M. Vivek (legal representative of the deceased assessee), subsequently submitted a letter on August 22, 2019, attempting to retract the statements recorded during search.
Procedural History
Notice under Section 153A of the Act was issued on March 01, 2019. Following the filing of returns of income by the petitioner, notice under Section 143(2) was issued on August 22, 2019. A detailed proposal detailing proposed additions alongside scanned images of seized materials was sent to the petitioner on November 08, 2019. The petitioner submitted written objections on December 02, 2019.
