M/S HARSIDDHI LAND AGENCY vs. DEPUTY COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 1 (3)
What did the High Court hold?
The High Court held that the Assessing Officer (AO) did not lack jurisdiction under Section 153C read with Section 153 of the Income Tax Act. The Court examined the satisfaction note and found that it was not solely based on the appraisal report. The satisfaction note explicitly mentioned the verification of various documents found and seized from residential and business premises, specifically referencing documents impounded from the office of Harsiddhi Land Agency. Therefore, the Court concluded that the AO was satisfied based on seized material, not just the appraisal report. Consequently, the decision of the Delhi High Court in Pepsi Foods (P) Ltd relied upon by the assessee was deemed not applicable to the facts of this case. The Court found concurrent findings of fact by the lower authorities and concurred with them. No substantial questions of law arose.
What were the facts?
The assessee, M/s Harsiddhi Land Agency, filed a Tax Appeal before the Gujarat High Court challenging an order of the Income Tax Appellate Tribunal (ITAT) dated November 14, 2017. The ITAT had dismissed the assessee's appeal, thereby confirming the order of the Commissioner of Income Tax (Appeals) (CIT(A)). The CIT(A) had, in turn, confirmed the assessment order passed under Section 143(1)(b) of the Income Tax Act. The assessment proceedings were initiated under Section 153C read with Section 153 of the Act. The assessee contended that the Assessing Officer (AO) lacked jurisdiction under Section 153C because the satisfaction note was based solely on an appraisal report.
What were the issues?
1. Whether the Assessing Officer lacked jurisdiction under Section 153C read with Section 153 of the Income Tax Act, 1961, as the satisfaction note was allegedly based solely on an appraisal report? (Question of law) Assessee's Contention: The learned advocate for the assessee argued that the AO lacked jurisdiction under Section 153C because the satisfaction was based only on an appraisal report, not on actual seized material. The assessee relied on the Delhi High Court's decision in Pepsi Foods (P) Ltd vs. Assistant Commissioner of Income Tax (2014) 52 Taxmann.com 220 (Delhi). Revenue's Contention: The judgment does not record specific arguments made by the revenue.
Which sections of the Income-tax Act were involved?
Section 153C,Section 153,Section 143(1)(b)
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
ORAL ORDER (PER : HONOURABLE MR.JUSTICE M.R. SHAH)
Feeling aggrieved and dissatisfied with the impugned order passed by the learned Income Tax Appellate Tribunal dated 14.11.2017 passed in ITA No.534 of 2010 for AY 200607, by which, the learned Tribunal has dismissed the said appeal preferred by the appellant assessee and has confirmed the order passed by the CIT(A) confirming the order of assessment assessed under Section 143A(1)(b) of the Act, the assssee has preferred present Tax Appeal.
At the outset, it is required to be noted that the assessment proceedings were initiated in exercise of powers under Section 153 C r/w Section 153 of the Income Tax Act. That the assessment has been confirmed by the learned CIT(A) as well as learned ITAT.
It is the case on behalf of the appellant assessee that Assessing Officer lack the jurisdiction under Section 153 of the Act C/TAXAP/841/2018 ORDER as there was no satisfaction of the Assessing Officer and looking to the material / document seized during the search and that the learned advocate for the assessee requested to admit/ allow the present appeal. He has taken us to appraisal report of the Joint Director of Income Tax (Investigation) Unit 1, Ahmedabad dated 30.11.2006 as well as satisfaction note recorded by the Assessing Officer recorded while initiating provision of Section 153(c)(1) r/w Section 153 of the Income Tax Act.
We have heard Shri Patel, learned advocate for the assessee at length. We have also gone through and considered in detailed the orders passed by the Assessing Officer, learned CIT as well as learned ITAT. We have gone through and considered the appraisal report dated 30.11.2006 as well satisfaction note of the AO. Having gone through the satisfaction note, we are of the opinion that it cannot be said that the satisfaction note is solely on the basis of appraisal note. Merely because the appraisal note was called and considered, it cannot be said that the satisfaction note is solely on the basis of appraisal report. In the satisfaction note itself, it has been specifically stated and mentioned that "on verification of various documents fond and seized from the residential premises and business premises, it is noticed that page 50 of Annexure A/1, seized from the office cum business premises Radhe Developers India Ltd. and Radhe Infrastructure and Projects India Ltd & ors at, C/TAXAP/841/2018 ORDER Chunibhai Chambers, B/h City Gold Cinema, Ashram Road, Ahmedabad seized on 29.09.2006. Document impounded as per Annexure A/1 pages containing 1207 which is loose paper file in which Page 1 & 2 and Page 4 to 207 the office of Harsiddhi Land Agency, at; Saparnach Faliya, Vanshkhiliya, Tal & Dist. Anand. Impounded on 25.09.2006 which belong to Harsiddhi Land Agency, Anand for which the undersigned is satisfied that proceedings u/s 153 C is required to be invoked".
Under the circumstances, it cannot said that the AO lack the jurisdiction while invoking provision of Section 153(c)(1) r/w Section 153 of the Income Tax Act. There are concurrent findings of fact recorded by the authority below. We concurred with the same. Under the circumstances, the decision of the Delhi High Court in the case of Pepsi Foods (P) Ltd (supra) relied upon by the learned counsel for the appellant shall not be applicable to the facts of the case on hand.
In view of the above and for the reasons stated above, no substantial questions of law are arise. Under the circumstances, present appeal deserves to be dismissed and is accordingly dismissed. sd/ (M.R. SHAH, J) sd/ (A.Y. KOGJE, J) KAUSHIK J. RATHOD
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