2023 (10) TMI 1551

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..... Jitendra Singh a/w Mr. Om Kandalkar. P.C. : 1. Mr. Chandrashekhar relying on email dated 13th October 2023, copy whereof is taken on record and marked "X" for identification, states that the revenue does not have the satisfaction notice. Therefore, the situation will be similar to that covered by the order passed by this court in Writ Petition No. 2849 of 2008 on 28th July 2023, wherein para....

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....n is exercised for a collateral purpose, it is liable to be struck down by the Court. If the conditions for exercise of the power are not satisfied the proceeding is liable to be quashed. The courts have held that it is only at the stage of commencement of the assessment proceedings after completion of the search and seizure, if any, that the requisite material may have to be disclosed to the asse....

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....belief of the competent authority in which event the Court would be entitled to examine the reasons for the formation of the belief, though not the sufficiency or adequacy thereof. In other words, the Court will examine whether the reasons recorded are actuated by mala fides or on a mere pretence and that no extraneous or irrelevant material has been considered. Such reasons forming part of the sa....

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....onsequently, the block assessment order dated 31.12.1999 passed under section 158BC of the Act, the order dated 04.10.2001 levying penalty under section 158BFA and the Criminal Case No. 28/SW/2004 filed by the Revenue before the 4th Court of the Additional Chief Metropolitan Magistrate at Esplanade Mumbai, which is now pending as renumbered Criminal Case No. 28/SW/2013 before 38th Court of Additio....