Case Law Details
Brief about the case
A search took place on 14.02.2006 in the premises of M/s Radico Khaitan.In the course of these search proceedings, various documents including reports narrating amounts alleged to have been received or receivable from various members of the UPDA and the basis thereof were recovered. The revenue also relied upon the statement of Mr. R K Miglani. On the basis of these materials, notice was issued under Section 153C to the assessee/respondents. The notice was challenged by the respective assessees on the ground that the documents could not constitute valid material since they did not “belong” to them. Persons in respect of whom a search is conducted and books of account, documents or assets are recovered and other persons (other than those persons referred to in section 153A) to whom books of account, documents or assets recovered belong, cannot be treated on the same basis for the purposes of assessing or reassessing their income. This ground was successfully pleaded before the Tribunal.
The revenue challenged the common order of the Income Tax Appellate Tribunal (ITAT) at the High Court of Delhi who opined that the ITAT should render specific findings as to the status of the documents and in that sense, connect with the concerned assessee’s third parties. Thereby the High Court remitted the matter to the ITAT for fresh consideration.
Facts of the case:
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