COMMISSIONER OF INCOME TAX CENTRAL III vs. SHILPI SECURITIES PVT LTD

ITA - 130 / 2009HC Delhi30 November 200919 pages
For Petitioner: PRAKASH CHAND YADAV, N.P. SHANI
AI SummaryPartly Allowed

What did the High Court hold?

The High Court held that while some warrants were vague regarding premises, the issue of the signatory's authority was resolved by a retrospective amendment to Section 132. The court also found that the assessment was within the limitation period, overturning the ITAT's decision on this ground.

What were the facts?

The Revenue appealed against the ITAT's decision quashing block assessments due to alleged invalid search warrants and being time-barred. The ITAT had found issues with the specificity of premises to be searched and the authority of the signatory of the warrants. The High Court considered the validity of the search warrants and the limitation period for assessment.

What were the issues?

The key issues were the validity of search warrants due to vague premises and signatory authority, and whether the block assessment was barred by limitation.

Which sections of the Income-tax Act were involved?

Section 132,Section 158BC,Section 158BE,Section 292B

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(6)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

REPORTABLE *

IN THE HIGH COURT OF DELHI AT NEW DELHI ITA No.130/2009, 333/2009, 335/2009, 336/2009, 337/2009, 339/2009, 350/2009, 351/2009 and 367/2009 %

Judgment Reserved on: 03.11.2009

Judgment Pronounced on : 30.11.2009

Commissioner of Income-Tax Central III …..Appellant (in all matters)

through : Mr. N.P. Sahni

VERSUS

M/s. Shilpi Securities Pvt. Ltd. …..Respondent in ITA No.130/2009

M/s. Uikam Investment & Finance Pvt. Ltd. and Others

…..Respondent in ITA No.333/2009

M/s. Annie Investment and Finance Co. P. Ltd.

…..Respondent in ITA No.335/2009

M/s. Kandla Petrochemicals Corporation Ltd.

…..Respondent in ITA No.336/2009

M/s. Independent Courrier Pvt. Ltd. …..Respondent in ITA No.337/2009

M/s. Harmony Psychitary Centre Pvt. Ltd. …..Respondent in ITA No.339/2009

M/s. Professional Leasing & Capital Services Ltd.

…..Respondent in ITA No.350/2009

M/s. Patliputra Internaitonal Trading Ltd. …..Respondent in ITA No.351/2009

M/s. Vaidahi Lease and Finance Pvt. Ltd. …..Respondent in ITA No.367/2009

through: Ms. Bhakti Pasrija

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 132

All 14,598 judgments and leading authorities on Section 132 →

Recent GST High Court judgments

Search GST case law →