PR. COMMISSIONER OFINCOME TAX - 2. vs. NATURAL PRODUCTS BIO TECH LTD.
What did the High Court hold?
The Tribunal correctly found that the Assessing Officer did not record his satisfaction as required by law. This court has previously dismissed similar appeals involving the same issue.
What were the facts?
The appeals concern whether a hard disk found in the premises of a searched entity belonged to the assessee for the purposes of Section 153C of the Income Tax Act. The Assessing Officer failed to record satisfaction regarding this ownership.
What were the issues?
Whether a hard disk found in a third-party premises belongs to the assessee for the purpose of Section 153C, and if the Assessing Officer's satisfaction was properly recorded.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
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- Pepsico India Holdings (P) Ltd. v. ACIT249 citing370 ITR 295 · 2015 · HC · Read judgment
/ $~ * 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
More judgments on Section 153C
- Neepaben Sunnybhai Motwani, Rajkot vs Income Tax Officer, RajkotITA 875/RJT/2026[2021-22]Status: Disposed19 Oct 2026AY 2021-22
- Neepaben Sunnybhai Motwani, Rajkot vs The Income Tax Officer, RajkotITA 874/RJT/2026[2020-21]Status: Disposed19 Oct 2026AY 2020-21
- Venish Vinodray Lalani, Rajkot vs Income Tax Officer, MorbiITA 197/RJT/2026[2019-20]Status: Disposed19 Oct 2026AY 2019-20
- Ajay Singh, Kota vs DCIT, Central Circle, KotaITA 495/JPR/2026[2016-17]Status: Disposed13 Oct 2026AY 2016-17
- Dineshkumar Chhaganlal Manavadaria, Junagadh vs ITO Ward 1, JunagadhITA 837/RJT/2025[2020-21]Status: Disposed9 Oct 2026AY 2020-21
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