TaxTMI 
TaxTMI 
2013 (7) TMI 228
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....celing the assessment framed u/s.153C of the I.T.Act, 1961? (ii) Whether on the facts and in the circumstances of the case the Tribunal is justified in law in not appreciating the fact that the documents seized from Shri Kantilal M. Patel and Shri Lalit K. Patel belong to the assessee namely Meghmani Organics Limited ? (iii) Whether on the facts and in the circumstances of the case the Tribunal is justified in law in relying upon its own order in ITRA No. 2938-2942/Ahd/2008 dated 16.01.2009, wherein reliance was placed on the ratio laid down in the case of CIT vs. Sun Engineering Works Pvt. Ltd., 198 ITR 297 (SC) as the said case is applicable to the provisions of Section 148 and not to the provisions of Section 153C of the I.T.Act?" ....
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.... good its contention with regard to this not being the assessment, within six assessment years immediately preceding the assessment year relevant to the previous year in which search had been conducted. As far as question on merits is concerned, we notice that the Tribunal relied on its earlier year order which had been challenged by the department in Tax Appeal No.2077/2009 to Tax Appeal No.2086/2009, wherein we have upheld the version of the assessee by following reasons : "As already noted, we have focused our attention to the question of applicability of section 156C of the Act in the present case. Subsection (1) of section 153C, which is relevant for our purpose reads as under: "(1) Notwithstanding anything contained in section 1....
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.... 87 to 91 of Annexure A4 seized from Lalit K Patel are his own hand written estimate for the proposed work of the assessee". Additionally, we may refer to the decision of this Court the case of Vijaybhai Chandrani (supra). It was a case where search was conducted in the premises of Samukarsh Cooperative Housing Society and Savvy Infrastructure Ltd. During the course of search operations, certain documents were seized. In one of such documents, there were references to the petitioner in a loose paper indicating the plot numbers, names of members and other details. On the basis of such seized documents, Assessing Officer initiated proceedings against the assessee under section 153C of the Act by issuing notice. Such notice was challenged b....
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....o such other person, whereas under Section 158BD if the Assessing Officer is satisfied that any undisclosed income belongs to any person, other than the person with respect to whom search was made under section 132 or whose books of account or other documents or assets were requisitioned under section 132A, he shall proceed against such other person under section 158BC. Thus a condition precedent for issuing notice under section 153C and assessing or reassessing income of such other person, is that the money, bullion, jewellery or other valuable article or thing or books of account or documents seized or requisitioned should belong to such person. If the said requirement is not satisfied, resort cannot be had to the provisions of section....