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Proceedings u/s 153C void ab initio, where AO of searched person failed to rebut presumption that seized document belongs to other person
Case Law Details
- Case Name
- ACIT Vs M/s Amrapali Grand (ITAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2009-10
- Courts
- All ITAT, ITAT Delhi
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Brief of the Case
ITAT Delhi held In the case of ACIT vs, M/s Amrapali Grand that before a notice under Section 153C can be issued two steps have to be taken. The first step is that the Assessing Officer of the person who is searched must arrive at a clear satisfaction that a document seized from him does not belong to him but to some other person. The second step is after such satisfaction is arrived at that the document is handed over to the Assessing Officer of the person to whom the said document “belongs”. It is for the Assessing Officer to rebut that presumption and come to a...
