PR. COMMISSIONER OFINCOME TAX - 2. vs. NATURAL PRODUCTS BIO TECH LTD.

/ $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 3. + ITA 569/2015 PR. COMMISSIONER OFINCOME TAX - 2. Appellant Through: Mr Kamal Sawhney, Senior Standing Counsel with Mr Raghvendra Singh, Junior Standing Counsel and Ms Shikha Garg, Advocates versus NATURAL PRODUCTS BIO TECH LTD. Respondent Through: Mr Sudesh Garg, Advocate WITH 4. + ITA 570/2015 PR. COMMISSIONER OFINCOME TAX - 2. Appellant Through: Mr Kamal Sawhney, Senior Standing Counsel with Mr Raghvendra Singh, Junior Standing Counsel and Ms Shikha Garg, Advocates versus NATURAL PRODUCTS BIO TECH LTD. Respondent Through: Mr Sudesh Garg, Advocate AND 5. / ^ ITA 571/2015 PR. COMMISSIONER OFINCOME TAX - 2. Appellant Through: Mr Kamal Sawhney, Senior Standing Counsel with Mr Raghvendra Singh, Junior Standing Counsel and Ms Shikha Garg, Advocates versus ITA 569/2015, 570/2015 & 571/2015 Page 1 of 3 Digitally Signed By:AMULYA Signature Not Verified

NATURAL PRODUCTS BIO TECH LTD. Respondent Through; Mr Sudesh Garg, Advocate CORAM: HON'BLE DR. JUSTICE S. MURALIDHAR HON'BLE MR. JUSTICE VIBHU BAKHRU ORDER % 14.08.2015 CM 14704/2015 in ITA 569/2015 CM 14705/2015 in ITA 571/2015 1. Allowed, subject to all just exceptions. 2. The applications stand disposed of. ITA 569/2015 ITA 570/2015 ITA 571/2015 3. These three appeals under Section 260-A of the Income Tax Act 1961 ('Act') are directed against the common order dated 28th November 2014 passed by the Income Tax Appellate Tribunal (ITAT) in ITA Nos. 3089, 3088 and 3087/Del/2013 for Assessment Years (AYs) 2006-07, 2007-08 and 2008-09 respectively. 4. The question that arises in these appeals is whether the hard disc found in the premises of the searched entity i.e. GLOBAL HERITAGE VENTURE ITA 569/2015, 570/2015 & 571/2015 Page 2 of 3

( S PVT. LTD belonged to the Assessee for the purposes of Section 153 C of the Act as it stood prior to its amendment with effect from 1st June 2015? 5. The IT AT has found, and in the view of the this Court correctly, that that the Assessing Officer failed to record his satisfaction in that regard in terms of the law as explained by the Court in Pepsico India Holdings (P) Ltd. v. ACIT [2015] 370ITR 295 (Del). 6. This Court has by order dated 8^ July, 2015 dismissed the Revenue's Appeal ITA No. 373/2015 (PR. COMMISSIONER OF INCOME TAX (CENTRAL)- IV. GLOBAL HERITAGE VENTURE LTD.) and by the order dated 20^ July, 2015 dismissed the Revenue's appeals ITA 406-409/2015 (PR. COMMISSIONER OF INCOME TAX (CENTRAL)-I v. NAGESHWAR INVESTMENT LTD.) all of which involve a similar question. 7. Accordingly these appeals are dismissed. S. MURALIDHAR, J VIBHU BAKHRU, J AUGUST 14, 2015 pkv ITA 569/2015, 570/2015 & 571/2015 Page 3 of3