2015 (2) TMI 11

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....ar, Adv., Dr. Rakesh Gupta, Adv., Mr. Salil Aggarwal and Mr. Vikas Jain, Adv. MR. JUSTICE S. RAVINDRA BHAT (OPEN COURT) CM No.20425/2014 in ITA 759/2014 CM No.20427/2014 in ITA 760/2014 CM No.20429/2014 in ITA 761/2014 CM No.20978/2014 in ITA 782/2014 CM No.20980/2014 in ITA 783/2014 CM No.20982/2014 in ITA 784/2014 For the reasons stated in the applications the delay in refiling the appeal is condoned. The applications are disposed of. ITA Nos.429/2013, 430/2013, 431/2013, 432/2013, 433/2013, 522/2013, 530/2013, 534/2013, 535/2013, 536/2013, 537/2013, 252/2014, 253/2014, 254/2014, 255/2014, 256/2014, 418/2014, 419/2014, 420/2014, 421/2014, 422/2014, 423/2014, 447/2014, 759/2014, 760/2014, 761/2014, 782/2014, 783/2014 & 784/2014 ....

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.... "belong" to them. This ground was successfully pleaded before the Tribunal. 3. Before this Court, various authorities were urged in support of the contention that a restricted meaning has to be given to the expression "belongs to". The learned counsel have specifically relied upon Commissioner of Income Tax V. Pepsico India Holding (P) Ltd. 370 ITR 295; SSP Aviation V. Deputy Commissioner of Income Tax (2012) 346 ITR 177, Commissioner of Wealth Tax V. Meattles P. Ltd. (1985) 153 ITR 201 apart from a Gujarat Division Bench ruling in Vijay Bhai N. Chandrani V. Assistant Commissioner of Income Tax (2010) 231 CTR 474. The revenue, apart from contesting the applicability of these authorities, urged that ITAT fell into error in not noticing tha....

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....y the revenue were not emanating from the books of the assessee or in the handwriting of any employee of the assessee. We could appreciate the case of the revenue if it was able to lay its hand on any forwarding letter i.e. chit etc. written by the assessee while handing over the money to UPDA. Any fax message, any e-mail or any audio message recorded from the telephone conversation. Had any such material was found then it could be said that the documents belonging to the assessee were found. The material emanating from the alleged compilation of details from Mr. Miglani can be an information pertaining to the assessee disclosing the details of income or expenditure but that cannot be a document belonging to the assessee. It can be explaine....