PRINCIPAL COMMISSIONER OF INCOME TAX , CENTRAL -2, KOLKATA vs. M/S. SHUBHAM IMPEX (P) LTD

PDF · subscribers
ITA/15/2018HC CalcuttaWBCHCO000084201830 April 2024Bench: HON'BLE JUSTICE SURYA PRAKASH KESARWANI,HON'BLE JUSTICE RAJARSHI BHARADWAJ2 pages
AI SummaryDismissed

What did the High Court hold?

The High Court upheld the ITAT's decision, finding that the proceedings under Section 153A were indeed invalid as no incriminating material was discovered. This decision was based on a Supreme Court ruling.

What were the facts?

The appeal concerns assessment years 2006-07 and 2007-08. The ITAT had held that proceedings under Section 153A of the Income Tax Act were invalid due to the absence of incriminating material found during a search.

What were the issues?

The key issue was whether the proceedings under Section 153A were valid when no incriminating material was found during the search, and if the ITAT's finding to that effect was perverse.

Which sections of the Income-tax Act were involved?

Section 153A

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)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.

O-58 ITA/15/2018 IN THE HIGH COURT AT CALCUTTA SPECIAL JURISDICTION (Income Tax) ORIGINAL SIDE PRINCIPAL COMMISSIONER OF INCOME TAX, CENTRAL-2, KOLKATA -Versus- M/S. SHUBHAM IMPEX (P) LTD. BEFORE : THE HON’BLE JUSTICE SURYA PRAKASH KESARWANI And THE HON’BLE JUSTICE RAJARSHI BHARADWAJ Date :30th April, 2024 Appearance: Ms. Smita Das De, Adv. ...for the appellant. 1. Heard Ms. Smita Das De, learned standing counsel for the appellants. None appears for the respondent/assessee even after the case was called out. 2. This appeal was admitted by this court by order dated 8.2.2018 on the following substantial question of law: “Whether the finding of the learned Tribunal holding the proceeding under Section 153A of the Income Tax Act, 1961, initiated against the assessee for the relevant assessment year, to be invalid was perverse and without any basis in law ?”

2 3. Learned counsel for the appellant states that the assessment years involved in the present appeal are 2006-07 and 2007-08. 4. Learned counsel for the appellant fairly states that the ITAT has granted relief to the respondent/assessee on the ground that the proceedings under Section 153A of the Income Tax Act, 1961 initiated against the respondent/assessee was bad because no incriminating material was found in the search. She submits that the controversy involved is clearly covered against the revenue by the judgment of the Hon’ble Supreme Court in the case of Principal Commissioner of Income Tax vs. Abhisar Buildwell (P) Ltd. reported in (2023) 149 taxmann.com 399 SC. 5. In view of the aforesaid, the substantial question of law as framed is answered is answered in favour of the assessee and against the revenue. 6. The appeal (ITA/15/2018) being devoid of merit, is dismissed. (SURYA PRAKASH KESARWANI, J.) (RAJARSHI BHARADWAJ, J.) As.

More judgments on Section 153A

All 18,957 judgments and leading authorities on Section 153A →

Recent GST High Court judgments

Search GST case law →