TaxTMI 
TaxTMI 
2025 (6) TMI 1612
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.... by the Assessing Officer to note in the satisfaction note that the documents seized from the searched person belonged to the other person." 3. The Ld. CIT(Appeals) erred in not appreciating the fact that the Assessing Officer being one and the same for both the searched person and other person had recorded satisfaction in the file of the other person to the effect that the seized material belonged to the other person, therefore the provisions of section 153C of the Act have been complied with. 4. The Ld. CIT(Appeals) erred in holding that nothing incriminating has been recorded in the satisfaction note without considering the fact that there is no such requirement under the provisions of section 153C as applicable for the relevant period." 3. The brief facts of the case are that a search and seizure operation u/s 132 of the Act was carried out in the case of M/s. MBS Jewellers Private Limited and its group cases on 11.03.2010. During the course of search, certain documents were found and seized relating to assessee. Being the search year, notice u/s 142(1) was issued to the assessee on 14.10.2011. In response, assessee filed return of income on 29.11.2011 decl....
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....he ground no.4 is allowed. 1 The other grounds of appeal are inconsequential for adjudication in view of the relief granted in ground no.4. To sum up the appeal is allowed." 5. At the time of hearing, the ld.AR for the assessee filed petition for adjournment, which is to the following effect: "The Assessee Appeals with ITA No.324/H/2023 in respect of VAMSHI MOHAN VALLABANENI has been posted hearing before Hon'ble "B" Bench on 10.12.2024. We would like to submit that, the relevant information in respect of the assessee for the assessment year 2010-11 has not been received from the assessee by our office till today. Hence the above assessce appeal may please be adjourned to any open date, which will be convenient to you, may please be given. Inconvenience caused in this regard is regretted." 6. Per contra, CIT-DR submitted that identical applications were filed by the ld.AR for the assessee from 18.07.2023 and thereafter, raising identical grounds. 7. Today the following appeals are fixed for hearing before the bench in which the Ld.AR was representing the appellant/respondent : ITA No. Name of the assessee 957/H/2019 Srini....
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.... should thwart any attempt to pollute the stream of judicial process and same requires to be dealt with iron hands and curbed by nipping them at the bud, as otherwise the confidence of the public in the system would slowly be eroded. Be it the litigant public or Member of the Bar or anyone connected in the process of dispensation of justice, should not be allowed to dilute the judicial processes by delaying the said process by in any manner whatsoever. As held by this Court in T. Arivandandam v. T.V. Satyapal AIR (1977) 4 SCC 467 the answer to an irresponsible suit or litigation would be a vigilant judge. This analogy requires to be stretched in the instant case and to all the pending matters by necessarily holding that every stakeholder in the process of dispensation of justice is required to act swiftly, diligently, without giving scope for any delay in dispensation of justice. Thus, an onerous responsibility rests on the shoulders of the presiding officer of every court, who should be cautious and vigilant against such indolent acts and persons who attempt to thwart quick dispensation of justice. A response is expected from all parties involved, with a special emphasis on the pr....
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....2010 SCC OnLine Del 1124, a coordinate bench of this Court held thus: "5. I consider that principles of natural justice do not require that a case should be adjourned time and again because defendant's counsel adopt tactics of not appearing in the case on first and second call and then sendsa proxy counsel so as to get the case postponed every time. Whenever a case is fixed for examination of witnesses, witnesses come to the court at 10 a.m. It is obligatory on counsel for the parties to make themselves available for examination/cross-examination of witnesses. The courts do not exist as an employment source for legal professionals alone. The existence of courts is justified only for dispute resolution between the parties in a reasonable time. Any effort by advocate of a party or by a party to drag the case and to harass the witnesses by not cross-examining and seeking adjournments again and again must be deprecated and curbed. It is not the prerogative of the advocate that he will cross-examine the witness when he has time. Counsel is supposed to manage his diary in such a manner that when there is a case for examination/cross-examination of the witnesses, he is there in the co....
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....required to be dismissed, if it is motivated, cryptic and without assigning any valid reasons. In view of the above, respectfully, following the decision of Hon'ble High Court in the case of R.B. Seth Jessaram (supra), the petition for adjournment filed by the assessee is dismissed. 13. As we have dismissed the adjournment application, we directed the parties to make submissions in support of their cases. 14. Before us, CIT-DR Ms. Narmadha, on behalf of Revenue has drawn our attention to Para 4.1 to 4.8 of the assessment order, which is to the following effect : "4.1 The major issue that has emanated during the course of search in this group of cases was the deal between M/s. Goldstone Group, represented by Dr. P.S. Prasad and M/s. MBS Group represented by Sri. Sukesh Gupta, relating to sale of land, at Sy. No. 172, Hydernagar (V), Balanagar (M), Ranga Reddy (District) and Sy. No. 78, Hafeezpet (V), Serilingampally (M), Ranga Reddy (District), 4.2 In this regard, an examination of the documents found and seized during the course of search is essential as they, indicate towards higher consideration paid. The important documents found and seized are: ....
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.... discussed in the preceding paras. 4.6 In light of the discussions above, it is evident that, Sri. V Vamshi Mohan who was originally sold the land was required to be compensated. Before he gave the NOC, as was discussed in the documents referred above Accordingly, his name figured in the agreement entered between Dr. P.S. Gupta and Sri. Sukesh Gupta with regards to the Sy. No. 172. settlement sale of land at 4.7 Though, when specifically asked, Bri. V Vamshi Mohan has denied having received the said amount, but from the evidences found and in light of the sequence of events as narrated above it is quite probable that Sri V Vamshi Mohan, was paid the said amount as mentioned at page 101 of A/MBS/04, 4.8 As seen from the return of income, filed for A.Y. 2010-11, as the assessee has failed to disclose the receipt of the above amount of Rs. 18,00,00,000/-, the same is assessed as his undisclosed income." 15. It was submitted by the CIT-DR that in the present case, the search in the case of M/s. MBS Jewellers Private Limited was carried out on 11-03-2010, and during the course of search, some incriminating material was found which is belonging to t....
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....day of April, 1990 to a person who has not made a return within the time allowed under sub-section (1) of section 139 or before the end of the relevant assessment year, any such notice issued to him shall be deemed to have been served in accordance with the provisions of this sub-section, (ii) to produce, or cause to be produced, such accounts or documents as the Assessing Officer may require, or (iii) to furnish in writing and verified in the prescribed manner information in such form and on such points or matters (including a statement of all assets and liabilities of the assessee, whether included in the accounts or not) as the Assessing Officer may require : Provided that- (a) the previous approval of the Joint Commissioner shall be obtained before requiring the assessee to furnish a statement of all assets and liabilities not included in the accounts; (b) the Assessing Officer shall not require the production of any accounts relating to a period more than three years prior to the previous year. (2) For the purpose of obtaining full information in respect of the income or loss of any person, the Assessing Officer may make su....
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....e assessee and in default of such payment, shall be recoverable from the assessee in the manner provided in Chapter XVII-D for the recovery of arrears of tax : Provided that where any direction for audit under sub-section (2A) is issued by the Assessing Officer on or after the 1st day of June, 2007, the expenses of, and incidental to, such audit (including the remuneration of the Accountant) shall be determined by the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner in accordance with such guidelines as may be prescribed and the expenses so determined shall be paid by the Central Government. (3) The assessee shall, except where the assessment is made under section 144, be given an opportunity of being heard in respect of any material gathered on the basis of any inquiry under sub-section (2) or any audit under sub-section (2A) and proposed to be utilised for the purposes of the assessment. (4) The provisions of this section as they stood immediately before their amendment by the Direct Tax Laws (Amendment) Act, 1987 (4 of 1988), shall apply to and in relation to any assessment for the assessment year commencing ....
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....st and fee], if any, computed under clause (b) by any tax deducted at source, any tax collected at source, any advance tax paid, any relief allowable under an agreement under section 90 or section 90A, or any relief allowable under section 91, any rebate allowable under Part A of Chapter VIII, any tax paid on self-assessment and any amount paid otherwise by way of tax 86[, interest or fee]; (d) an intimation shall be prepared or generated and sent to the assessee specifying the sum determined to be payable by, or the amount of refund due to, the assessee under clause (c); and (e) the amount of refund due to the assessee in pursuance of the determination under clause (c) shall be granted to the assessee: Provided that an intimation shall also be sent to the assessee in a case where the loss declared in the return by the assessee is adjusted but no tax 86[, interest or fee] is payable by, or no refund is due to, him: Provided further that no intimation under this sub-section shall be sent after the expiry of one year from the end of the financial year in which the return is made. Explanation.-For the purposes of this sub-section,- ....
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....to ensure that the assessee has not understated the income or has not computed excessive loss or has not under-paid the tax in any manner, shall serve on the assessee a notice requiring him, on a date to be specified therein, either to attend the office of the Assessing Officer or to produce, or cause to be produced before the Assessing Officer any evidence on which the assessee may rely in support of the return: Provided that no notice under this sub-section shall be served on the assessee after the expiry of six months from the end of the financial year in which the return is furnished.] (3) 88[On the day specified in the notice issued under] sub-section (2), or as soon afterwards as may be, after hearing such evidence as the assessee may produce and such other evidence as the Assessing Officer may require on specified points, and after taking into account all relevant material which he has gathered, the Assessing Officer shall, by an order in writing, make an assessment of the total income or loss of the assessee, and determine the sum payable by him or refund of any amount due to him on the basis of such assessment: Provided that in the case of a- ....
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....the concerned university, college or other institution, recommend to the Central Government to withdraw the approval and that Government may by order, withdraw the approval and forward a copy of the order to the concerned university, college or other institution and the Assessing Officer: Provided also that notwithstanding anything contained in the first and the second provisos, no effect shall be given by the Assessing Officer to the provisions of clause (23C) of section 10 in the case of a trust or institution for a previous year, if the provisions of the first proviso to clause (15) of section 2 become applicable in the case of such person in such previous year, whether or not the approval granted to such trust or institution or notification issued in respect of such trust or institution has been withdrawn or rescinded. 89[(3A) The Central Government may make a scheme, by notification in the Official Gazette, for the purposes of making assessment of total income or loss of the assessee under sub-section (3) so as to impart greater efficiency, transparency and accountability by- (a) eliminating the interface between the Assessing Officer and the assesse....