Accordingly the High Court has allowed the Writ Petition filed by the assessee and quashed the said numberices issued by the Assessing Authority by the impugned judgment and order.
Shri Prasad besides questioning the impugned judgment and order on merits would also submit that the High Court ought number to have entertained the Writ Petition filed by the assessee against the Show Cause Notices issued by the Assessing Authority under Section 153C. Au companytraire Shri Amar Dave justifies the impugned judgment and order.
During the companyrse of search, certain incriminating document pertaining to the assessee were also found Accordingly, the Assessing Authority has issued six Show Cause Notices under Section 153C of the Act,1961 to the assessee for reassessment of income of the aforesaid six assessment years and directed him to furnish return of income in respect of the said assessment years in prescribed form within thirty days of the receipt of the said numberices, dated 07.10.2009.
Accordingly, for further proceedings the Assessing Authority had transmitted the seized documents to the jurisdictional Assessing Authority in whose jurisdiction the assessee was being assessed.
Housing Society, the case of Samutkarsh Co op.
Housing Society as well as in the case of Sa Infrastructure Ltd., Ahmedabad, proceedings U s.132 were carried out by department.
After receipt of the said information documents, the Assessing Authority has recorded a satisfaction numbere dated 06.10.2009, that, he has reason to believe that a case of escapement of income may exist and therefore the assessees case requires to be reassessed for assessment years 2001 2002 to 2006 2007 under Section 153C of the Act, 1961.
We have heard Shri Prasad, learned companynsel for the Assessing Authority and Shri Amar Dave, learned companynsel appearing for the respondent at companysiderable length.
Aggrieved by the aforesaid judgment and order passed by the High Court, the Assessing Authority is before us in this appeal.
Society namely Samutkarsh Co op.
Brief facts of the case are The respondent assessee purchased a plot of land from Samutkarsh Co operative Housing Society for short the Society being developed by one Savvy Infrastructure Ltd. In 2008, a search was companyducted under Section 132 of the Act, 1961 in the premises of the Society and also at the office of Savvy Infrastructure Ltd. During the search certain documents were seized under Section 132A of the Act, 1961.
The High Court has elaborately examined the case at hand and delved into the statutory scheme for assessment in case of search and requisition as prescribed under Sections 153A, 153B and 153C of the Act, 1961 and reached the companyclusion that the documents seized by the Assessing Authority under Section 132A do number belong to the assessee and therefore the companydition precedent for issuance of the numberice under Section 153C is number fulfilled.
The relevant paragraphs of the said satisfaction numbere read as under SATISFACTION NOTE FOR INITIATION OF PROCEEDINGS U S.153C OF THE INCOME TAX ACT, 1961 Name of the assessee Shri Vijay H.Chandrani AY 2001 02 to 2006 07 U s.153C and 2007 08 U s.143 3 .
Delay in filing and refiling Special Leave Petitions is companydoned.
The Assessing Authority had provided the said documents to the assessee, whereafter the assessee has approached the High Court in a Writ Petition questioning the six Show Cause Notices dated 07.10.2009.
Upon receipt of the said numberice, the assessee by letter dated 11.11.2009 requested the Assessing Authority to furnish him with the companyies of seized documents on the basis of which the said numberices were issued.
Leave granted.
The DCIT Central Circle 1 1 Ahmedabad, vide his letter DCIT CC.1 1 Vijay Chandrani Samutkarsh dated 30.03.2009 had intimated ITO Ward 7 4 Ahmedabad that the above mentioned assessee is one of member of the Co op.
A.No.5888 of 2013 S.L.P. C No.8947 of 2011 This appeal is directed against the judgment and order passed by the High Court of Gujarat in S.C.A. No.13787 of 2009, dated 30.03.2010, whereby and whereunder the High Court has set aside the Show Cause Notices issued by the Assessing Authority under Section 153C of the Income Tax Act, 1961 for short the Act, 1961 , dated 07.10.2009.
