Section 158BD judiciary-2

Search do not become invalid merely because warrant was in the name of a dead person

Gunjan Girishbhai Mehta vs Director of Investigation & ORS (Supreme Court of India)

Notice under Section 132 of the Income Tax Act, 1961 was issued in the name of a dead person. The said notice was duly received by the present petitioner as the legal heir of the dead person. Notice of assessment under Section 158BC of the Act was issued and in the assessment proceedings...

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Order u/s 153C passed without JCIT approval u/s 153D is void

HiKlass Moving Picture Pvt. Ltd Vs ACIT (ITAT Mumbai)

These are the appeals filed by the assessee against the order of CIT(A), Mumbai, for the assessment years 2002-03 to 2007-08, in the matter of order passed u/s.143(3) r.w.s. 153C of I.T.Act....

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Satisfaction is a prerequisite for initiating assessment proceedings against any other person u/s.158BD

The Asstt. CIT Vs M/s. Apoorva Caterers (ITAT Mumbai)

A search and seizure action was carried out at the residence of Devdas A.Alva on 13.9. 2001.During the action,a loose paper file marked A-1was seized.Pages No 1-17 contained a copy of the catering contract entered into by Apporva caterers and Ooters Club and Page No. 26 to 28 were the bills ...

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Proceedings u/s 158BD not tenable where satisfaction note is not on record

Haryana Paneer Bhandar Vs CIT (Delhi High Court)

Delhi High Court held In the case of Haryana Paneer Bhandar vs. CIT. that the Revenue has been unable to produce the satisfaction note of the AO of the searched person. Consequently, on this short ground of there being no satisfaction note, which is a mandatory requirement under Section 158BD....

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Proceedings u/s 158BD raised after gap of 3 years, even after completion of block assessment, not maintainable – ITAT

ACIT Vs Raj Kumar Jalan (ITAT Delhi)

ITAT held In the case of ACIT vs. Raj Kumar Jalan that in view of the proposition laid down by the Honble Delhi high Court in the case of CIT Vs. Bharat Bhusan Jain and others in ITA No.648/09 and 669/2009 etc order dated 08.01.2015...

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No delay in issuance of notice u/s 158BD if AO records satisfaction in time

CIT Vs Sudhir Dhingra & CIT Vs. Renu Verma (Delhi High Court)

Hon’ble HC did not find any merit in the ground of delay in issuance of notice. Court further remitted the matters ITAT to decide afresh on merits. In the light of the observations of the Supreme Court in Calcutta Knitwears, particularly the contextual facts discussed...

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Section 158BD- Satisfaction note and notice to receiver of amount on behalf of others is valid

CIT Vs H. P Goel (Delhi High Court)

That once the AO became aware that the property was not owned by the assessee and that he had received the amount on someone else’s behalf, notice could not have been issued under Section 158BD. He urged that this Court should not interfere with the ITAT’s order on this ground alone....

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Section 158B – Initiation of Block Assessment without Valid satisfaction is invalid

The Commissioner of Income Tax Vs Manoj Bansal (Delhi High Court)

Hon’ble High Court is of the opinion that the note written by the AO lacks satisfaction as required u/s 158BD.In other words there is lack of the satisfaction of the AO that there is material that the respondent assessee had undisclosed income. ...

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Delay in issuing notice u/s 158BD by 10 months cannot be considered contemporaneous

CIT Vs Bharat Bhushan Jain (Delhi High Court)

Revenue has to be vigilant in issuing notice to the third party under Section 158 BD, immediately after the completion of assessment of the searched person, this Court is of the opinion that a delay ranging between 10 months of 1 ½ years cannot be considered contemporaneous to assessment proceedings....

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September 2021