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2018 (12) TMI 223
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....is a partnership firm having its registered office at 401/402, Poonam Plaza, Pune. A search was conducted by the Income Tax Authorities on 05.04.2016 in case of the partnership firm, one of the partners of the firm Mr. Rajendra Bansilal Raisoni and one Mr. Sunil Bansilal Raisoni, brother of Rajendra Raisoni but who was not a partner of the firm. Said search was conducted at 3 different places namely; (i) at the residential address of Rajendra Bansilal Raisoni (ii) at the residential address of Sunil Bansilal Raisoni, and (iii) at the residential address of Mr. Kunal Pradeep Raisoni. According to the petitioner, no search was conducted at the premises of the partnership firm and, therefore, the Assessing Officer had no authority ....
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....n of search, by relying on the decision of the Karnataka High Court in the case of Commissioner of Income Tax Vs. Wipro Finance Ltd. 323 ITR 467. He agreed that in the present case, search authorization was issued against the partnership firm but according to him since no search was actually carried out, it cannot be stated that the search was initiated against the partnership firm. (ii) Learned Counsel submitted that for the purpose of the Income Tax Act, a partnership firm and its partners are treated as separate independent entities. The search carried out at the premises of the partners cannot be equated with the search against the partnership firm. In this context, the learned Counsel relied on the observations made by the Supreme C....
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....ntext of such broad facts, if we refer to Section 153A of the Act, we notice that in sub-section (1) thereof, notwithstanding anything contained in Sections 139, 147, 148, 149, 151 and 153 of the Act, in case of a person where search is initiated under Section 132 or books of accounts, other documents are requisitioned under Section 132A, the Assessing Officer would have the authority to issue notice to such person, requiring him to furnish the return of income in respect of each assessment year falling within six assessment years and thereafter carry out the assessments accordingly. In the present case, we have no hesitation in accepting the petitioner's contention that in order to issue notice under sub-section (1) of section 153A, th....
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....132 or section 132A, after the expiry of one months from the date on which he was served with a notice under sub-section (1) of Section 153A or sub-section (2) of Section 153C of the Act or after the completion of the assessment, whichever is earlier. In clear terms, the time limit for raising objection to the jurisdiction of the Assessing Officer prescribed under sub-section (3) of section 124 has a relation to the Assessing Officer's territorial jurisdiction. The time limit prescribed would not apply to a case where the assessee contends that the action of the Assessing Officer is without authority of law and, therefore, wholly without jurisdiction. 8. Having said that, we are still not prepared to entertain this petition primarily....
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.... (Assessment) (2009) 17 SCC 547, this Court had allowed the assessee therein to withdraw the original writ petition filed before the High Court as the said proceedings came to be filed against the show cause notice and observed that the High Court should not have interfered in the matter as the writ petition was filed without even reply to the show cause notice. This Court further observed as follows: "3 ...... In the circumstances, we could have dismissed these civil appeals only on the ground of failure to exhaust the statutory remedy, but for the fact that huge investments involving the large number of industries are in issue." 16. In the present case, the assessee has invoked the writ jurisdiction of the High Court at the first in....