The Tax Publishers2020 TaxPub(DT) 1308 (SC)

INCOME TAX ACT, 1961

Sections 261 & 153C

Where the Department preferred SLP to appeal against the judgment of Gujarat High Court in Maheshbhai Manilal Shah v. ITO, Ward 5(3)(1) [R/Special Civil Application No. 19223 of 2018, dt. 11-12-2018], whereby the High Court held that considering the submissions advanced by the assessee, that the search had taken place in case of 'H' group, however, during the course of such search, no documents or material belonging to the assessee were found despite which, the AO wished to assess the assessee on the basis of the material collected during such search relying on the amendment in section 153C with effect from 1-6-2015, it was directed to issue notice returnable on 7-1-2019. Further, by way of ad-interim relief, the AO was permitted to proceed further with the assessment, along with a direction that he should not pass the final order without the permission of the High Court, the Supreme Court directed the Registry to issue notice in the matter and tag it with SLP(C) No. 486/2020.

Appeal (Supreme Court) - Special leave petition - Assessment under section 153C - No documents or material belonging to assessee found in search and seizure

Department preferred SLP to appeal against the judgment of Gujarat High Court in Maheshbhai Manilal Shah v. ITO, Ward 5(3)(1) [R/Special Civil Application No. 19223 of 2018, dt. 11-12-2018], whereby the High Court held that considering the submissions advanced by the assessee, that the search had taken place in case of 'H' group, however, during the course of such search, no documents or material belonging to the assessee were found despite which, the AO wished to assess the assessee on the basis of the material collected during such search relying on the amendment in section 153C with effect from 1-6-2015, it was directed to issue notice returnable on 7-1-2019. Further, by way of ad-interim relief, the AO was permitted to proceed further with the assessment, along with a direction that he should not pass the final order without the permission of the High Court. Held: The Supreme Court directed the Registry to issue notice in the matter and tag it with SLP(C) No. 486/2020.

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