Manish Maheshwari v. ACIT

289 ITR 341Supreme Court of India2007#369 most cited

What is Manish Maheshwari v. ACIT authority for?

A block assessment proceeding under section 158BD is illegal if the procedure laid down in section 153C is not followed. The provisions of section 153C are similar to section 158BD in block assessment proceedings.

237

judgments rely on this decision, according to BharatTax’s citation analysis of 366,459 Indian tax judgments — from 2008 to 2026.

Also referred to as

Manish Maheshwari v. ACIT · section 153C · section 158BD · block assessment · satisfaction note · assumption of jurisdiction · search · documents seized · illegal assessment

Sections most often in play

Section 1961Section 153ASection 153CSection 132Section 143(3)Section 147Section 148Section 158BD
Read the full judgment

Issues it is cited on

section 158bdjdasection 158bcsection 153c(1)survey under section 133asatisfaction notedocuments seizedsection 158bsection 149date of transfersection 158rule of consistency

Judgments citing Manish Maheshwari v. ACIT

Sri.Mohammed Sherief, Karunagappally vs. The ACIT, Central Circle, Kollam

Appeals of the assessee are allowed

ITA 98/COCH/2023[2003-04]Status: DisposedITAT Cochin21 Aug 2024AY 2003-04

Bench: Shri Waseem Ahmed & Shri Prakash Chand Yadav

For Appellant: Shri. Rajakannan, AdvFor Respondent: Shri. K. Jayaganesh, Senior AR
Section 133ASection 143(3)Section 153CSection 459

…ial leading to an inference of undisclosed income is a sine qua non for invocation of section 153C of the Act". The Hon'ble Court came to the above conclusion after considering the decision of the Hon'ble Apex Court in the cases of Manish Maheshwari Vs. ACIT (289 ITR 341) and CIT Vs. Calcutta Knitwears (2014) 362 ITR 673 and other judgments of the Hon'ble Apex Court and other Hon'ble High Courts and CBDT, Circular No.24/2015 dated 31.12.2015. The Hon'ble High Court also took the view that the AO is expected to spell out as to how the documents were incriminating in nature and prima facie represent undisclosed inc…

Sri.Mohammed Sherief, Karunagappally vs. The ACIT, Central Circle, Kollam

Appeals of the assessee are allowed

ITA 101/COCH/2023[2006-07]Status: DisposedITAT Cochin21 Aug 2024AY 2006-07

Bench: Shri Waseem Ahmed & Shri Prakash Chand Yadav

For Appellant: Shri. Rajakannan, AdvFor Respondent: Shri. K. Jayaganesh, Senior AR
Section 133ASection 143(3)Section 153CSection 459

…ial leading to an inference of undisclosed income is a sine qua non for invocation of section 153C of the Act". The Hon'ble Court came to the above conclusion after considering the decision of the Hon'ble Apex Court in the cases of Manish Maheshwari Vs. ACIT (289 ITR 341) and CIT Vs. Calcutta Knitwears (2014) 362 ITR 673 and other judgments of the Hon'ble Apex Court and other Hon'ble High Courts and CBDT, Circular No.24/2015 dated 31.12.2015. The Hon'ble High Court also took the view that the AO is expected to spell out as to how the documents were incriminating in nature and prima facie represent undisclosed inc…

Sri.Mohammed Sherief, Karunagappally vs. The ACIT, Central Circle, Kollam

Appeals of the assessee are allowed

ITA 100/COCH/2023[2005-06]Status: DisposedITAT Cochin21 Aug 2024AY 2005-06

Bench: Shri Waseem Ahmed & Shri Prakash Chand Yadav

For Appellant: Shri. Rajakannan, AdvFor Respondent: Shri. K. Jayaganesh, Senior AR
Section 133ASection 143(3)Section 153CSection 459

…ial leading to an inference of undisclosed income is a sine qua non for invocation of section 153C of the Act". The Hon'ble Court came to the above conclusion after considering the decision of the Hon'ble Apex Court in the cases of Manish Maheshwari Vs. ACIT (289 ITR 341) and CIT Vs. Calcutta Knitwears (2014) 362 ITR 673 and other judgments of the Hon'ble Apex Court and other Hon'ble High Courts and CBDT, Circular No.24/2015 dated 31.12.2015. The Hon'ble High Court also took the view that the AO is expected to spell out as to how the documents were incriminating in nature and prima facie represent undisclosed inc…

Sri.Mohammed Sherief, Karunagappally vs. The DCIT, Kollam

Appeals of the assessee are allowed

ITA 462/COCH/2016[2006-07]Status: DisposedITAT Cochin21 Aug 2024AY 2006-07

Bench: Shri Waseem Ahmed & Shri Prakash Chand Yadav

For Appellant: Shri. Rajakannan, AdvFor Respondent: Shri. K. Jayaganesh, Senior AR
Section 133ASection 143(3)Section 153CSection 459

…ial leading to an inference of undisclosed income is a sine qua non for invocation of section 153C of the Act". The Hon'ble Court came to the above conclusion after considering the decision of the Hon'ble Apex Court in the cases of Manish Maheshwari Vs. ACIT (289 ITR 341) and CIT Vs. Calcutta Knitwears (2014) 362 ITR 673 and other judgments of the Hon'ble Apex Court and other Hon'ble High Courts and CBDT, Circular No.24/2015 dated 31.12.2015. The Hon'ble High Court also took the view that the AO is expected to spell out as to how the documents were incriminating in nature and prima facie represent undisclosed inc…

Sri.Mohammed Sherief, Karunagappally vs. The DCIT, Kollam

Appeals of the assessee are allowed

ITA 461/COCH/2016[2005-06]Status: DisposedITAT Cochin21 Aug 2024AY 2005-06

Bench: Shri Waseem Ahmed & Shri Prakash Chand Yadav

For Appellant: Shri. Rajakannan, AdvFor Respondent: Shri. K. Jayaganesh, Senior AR
Section 133ASection 143(3)Section 153CSection 459

…ial leading to an inference of undisclosed income is a sine qua non for invocation of section 153C of the Act". The Hon'ble Court came to the above conclusion after considering the decision of the Hon'ble Apex Court in the cases of Manish Maheshwari Vs. ACIT (289 ITR 341) and CIT Vs. Calcutta Knitwears (2014) 362 ITR 673 and other judgments of the Hon'ble Apex Court and other Hon'ble High Courts and CBDT, Circular No.24/2015 dated 31.12.2015. The Hon'ble High Court also took the view that the AO is expected to spell out as to how the documents were incriminating in nature and prima facie represent undisclosed inc…

Sri.Mohammed Sherief, Karunagappally vs. The DCIT, Kollam

Appeals of the assessee are allowed

ITA 460/COCH/2016[2004-05]Status: DisposedITAT Cochin21 Aug 2024AY 2004-05

Bench: Shri Waseem Ahmed & Shri Prakash Chand Yadav

For Appellant: Shri. Rajakannan, AdvFor Respondent: Shri. K. Jayaganesh, Senior AR
Section 133ASection 143(3)Section 153CSection 459

…ial leading to an inference of undisclosed income is a sine qua non for invocation of section 153C of the Act". The Hon'ble Court came to the above conclusion after considering the decision of the Hon'ble Apex Court in the cases of Manish Maheshwari Vs. ACIT (289 ITR 341) and CIT Vs. Calcutta Knitwears (2014) 362 ITR 673 and other judgments of the Hon'ble Apex Court and other Hon'ble High Courts and CBDT, Circular No.24/2015 dated 31.12.2015. The Hon'ble High Court also took the view that the AO is expected to spell out as to how the documents were incriminating in nature and prima facie represent undisclosed inc…

Sri.Mohammed Sherief, Karunagappally vs. The DCIT, Kollam

Appeals of the assessee are allowed

ITA 459/COCH/2016[2003-04]Status: DisposedITAT Cochin21 Aug 2024AY 2003-04

Bench: Shri Waseem Ahmed & Shri Prakash Chand Yadav

For Appellant: Shri. Rajakannan, AdvFor Respondent: Shri. K. Jayaganesh, Senior AR
Section 133ASection 143(3)Section 153CSection 459

…ial leading to an inference of undisclosed income is a sine qua non for invocation of section 153C of the Act". The Hon'ble Court came to the above conclusion after considering the decision of the Hon'ble Apex Court in the cases of Manish Maheshwari Vs. ACIT (289 ITR 341) and CIT Vs. Calcutta Knitwears (2014) 362 ITR 673 and other judgments of the Hon'ble Apex Court and other Hon'ble High Courts and CBDT, Circular No.24/2015 dated 31.12.2015. The Hon'ble High Court also took the view that the AO is expected to spell out as to how the documents were incriminating in nature and prima facie represent undisclosed inc…

Assistant Commissioner of Income Tax Circle- 41(1)(1), Mumbai, Kautilya Bhawan, Bkc vs. Jaj International, Mumbai

In the result, the grounds relating to merit the file of the Ld

ITA 2147/MUM/2024[2014-15]Status: DisposedITAT Mumbai24 Jul 2024AY 2014-15

Bench: Shri Om Prakash Kant () & Shri Sunil Kumar Singh ()

For Appellant: Mr. Subhash Shetty
Section 143(3)Section 153C

…. Reliance is placed on the following decisio Reliance is placed on the following decisions:  Manish Maheswari vs ACIT (2007) 159 Taxman 258 (SC) Manish Maheswari vs ACIT (2007) 159 Taxman 258 (SC) Manish Maheswari vs ACIT (2007) 159 Taxman 258 (SC) / [2007] 289 ITR 341 (SC) / 159 Taxman 258 (SC) [2007] 289 ITR 341 (SC) / 159 Taxman 258 (SC) [2007] 289 ITR 341 (SC) / 159 Taxman 258 (SC) - On analogous provision of sec 158BD On analogous provision of sec 158BD  Delhi Tribunal in the case of Rajat Shubra Chatterji v. ACIT Delhi Tribunal in the case of Rajat Shubra Chatterji v. ACIT Delhi Tribunal in the case of R…

Assistant Commissioner of Income Tax, Kautilya Bhawan vs. Jaj International, Mumbai

In the result, the grounds relating to merit the file of the Ld

ITA 2146/MUM/2024[2015-16]Status: DisposedITAT Mumbai24 Jul 2024AY 2015-16

Bench: Shri Om Prakash Kant () & Shri Sunil Kumar Singh ()

For Appellant: Mr. Subhash Shetty
Section 143(3)Section 153C

…. Reliance is placed on the following decisio Reliance is placed on the following decisions:  Manish Maheswari vs ACIT (2007) 159 Taxman 258 (SC) Manish Maheswari vs ACIT (2007) 159 Taxman 258 (SC) Manish Maheswari vs ACIT (2007) 159 Taxman 258 (SC) / [2007] 289 ITR 341 (SC) / 159 Taxman 258 (SC) [2007] 289 ITR 341 (SC) / 159 Taxman 258 (SC) [2007] 289 ITR 341 (SC) / 159 Taxman 258 (SC) - On analogous provision of sec 158BD On analogous provision of sec 158BD  Delhi Tribunal in the case of Rajat Shubra Chatterji v. ACIT Delhi Tribunal in the case of Rajat Shubra Chatterji v. ACIT Delhi Tribunal in the case of R…

Assistant Commissioner of Income Tax, Circle-46(1), Delhi, New Delhi vs. Shri Deepak Gambhir, New Delhi

In the result, the appeal of the revenue is dismissed

ITA 2466/DEL/2023[2017-18]Status: DisposedITAT Delhi08 Jul 2024AY 2017-18

Bench: Shri Kul Bharat & Shri M. Balaganeshacit, Vs. Shri Deepak Gambhir, Circle-46(1), 68/8, Nea, Near Sindhi New Delhi Park, Old Rajendra Nagar, New Delhi (Appellant) (Respondent) Pan:Aakpg2768D Assessee By : Shri Ved Jain, Adv Ms. Uma Upadhyay, Ca Revenue By: Shri Vivek Kumar Upadhyay, Sr. Dr Date Of Hearing 09/04/2024 Date Of Pronouncement 08/07/2024

For Appellant: Shri Ved Jain, AdvFor Respondent: Shri Vivek Kumar Upadhyay, Sr. DR
Section 132Section 143(1)Section 147Section 148Section 153CSection 68

…down under s. 153C has not been followed by the AO and, therefore, assessment has become invalid. We also observethat the CIT(A) was justified in following the ratio laid down by the Hon'ble Supreme Court in the case of Manish Maheshwari v. Asstt. CIT [2007] 289 ITR 341/159 Taxman 258 wherein it has been held that if the procedure laid down in s. 158BD is not followed, block assessment proceedings would be illegal. The CIT(A) has correctly observed that the provisions of s. 153C are exactly similar to the provisions of s. 158BD of the Act in block assessment proceedings. Thus, considering the entire facts and th…

ACIT Circle 46(1), Civic Centre, New Delhi vs. Yogesh Gambhir, Delhi

In the result, appeal of the Revenue is dismissed

ITA 3018/DEL/2023[2017-18]Status: DisposedITAT Delhi01 May 2024AY 2017-18

Bench: the Id. CIT(A)

Section 147Section 148Section 149Section 151Section 153Section 153ASection 153CSection 68

…IN THE INCOME TAX APPELLATE TRIBUNAL, ‘H‘ BENCH DELHI BEFORE: SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER & SHRI KUL BHARAT, JUDICIAL MEMBER ACIT, Circle 46(1), Civic Centre, Vs. Yogesh Gambhir, New Delhi 22, B/2, Deshbandhu Gupta Road, Karol Bagh, Delhi 11005 PAN/GIR No. AAKPG 2771 N (Appellant) .. (Respondent) Assessee by Shri Ved Jain, Adv. Ms. Uma Upadhyay, CA Ms. Kirti Gupta, CA Revenue by Ms. Sapna Bhatia, CIT(DR) Date of Hearing 30/04/2024 Date of Pronouncement 01/05/2024 O R D E R PER SHAMIM YAHYA (A.M): This appeal by the Revenue is directed against order of ld. CIT(A) dated 02.08.2023 and pertains to A.Y…

Addl.CIT, Special Range-18, New Delhi vs. Jagananth Hemchand Jain, New Delhi

In the result, the appeal of the Revenue as well as Cross Objection of the assessee is dismissed

ITA 7755/DEL/2018[2011-12]Status: DisposedITAT Delhi29 Feb 2024AY 2011-12

Bench: Shri Pradip Kumar Kedia & Shri Yogesh Kumar Us

Section 143(3)Section 145(3)Section 147Section 148Section 148(2)Section 69C

…ars immediately preceding the year in which search u/s. 132 is initiated or requisition is made u/s.132A. Thirdly, the provisions of section 153C are analogous to section 158BD of the Act. Therefore, decision of the Apex Court in the case of Manish Maheshwari 289 ITR 341 SC would also apply where assessment is to be made u/s. 153C. As per the aforesaid decision, the precondition for invoking jurisdiction for issue of notice u/s. 153C is that the AO must "record satisfaction" as to the seized material ‘belongs to’ the third person i.e. assessee. 14.2.2 Under S. 153C as applicable to the relevant assessment year i…

Addl.CIT, Special Range-18, New Delhi vs. Jagananth Hemchand Jain, New Delhi

In the result, the appeal of the Revenue as well as Cross Objection of the assessee is dismissed

ITA 7754/DEL/2018[2010-11]Status: DisposedITAT Delhi29 Feb 2024AY 2010-11

Bench: Shri Pradip Kumar Kedia & Shri Yogesh Kumar Us

Section 143(3)Section 145(3)Section 147Section 148Section 148(2)Section 69C

…ars immediately preceding the year in which search u/s. 132 is initiated or requisition is made u/s.132A. Thirdly, the provisions of section 153C are analogous to section 158BD of the Act. Therefore, decision of the Apex Court in the case of Manish Maheshwari 289 ITR 341 SC would also apply where assessment is to be made u/s. 153C. As per the aforesaid decision, the precondition for invoking jurisdiction for issue of notice u/s. 153C is that the AO must "record satisfaction" as to the seized material ‘belongs to’ the third person i.e. assessee. 14.2.2 Under S. 153C as applicable to the relevant assessment year i…

Kk Leisure & Tourism International (P) Ltd, Kannur vs. DCIT Central Circle 2, Kozhikode

In the result, the assessee’s appeals are allowed, and it’s stay applications dismissed as infructuous

ITA 510/COCH/2023[2010-11]Status: DisposedITAT Cochin13 Feb 2024AY 2010-11

Bench: Shri Sanjay Arora & Shri Manomohan Das

For Appellant: Shri Paven Ved, AdvocateFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 132Section 132(1)Section 133ASection 153ASection 153CSection 69C

…Hon'ble Apex Court, viz., Super Malls Pvt. Ltd. v. Pr.CIT [2020] 423 ITR 281 (SC); CIT v. Sinhgad Technical Education Society [2017] 397 ITR 344 (SC); and prior thereto CIT v. Calcutta Knitwears[2014] 362 ITR 673 (SC) and Manish Maheshwariv. Asst. CIT [2007] 289 ITR 341 (SC); the latter two being in the context of s. 158BD, which, similarly, requires a satisfaction SA Nos. 138 to 140/Coch/2023 (AYs: 2008-09 to 2010-11) K.K. Leisure Tourism International (P.) Ltd. v. Dy. CIT note (SN) to be recorded by the Assessing Officer (AO) of the person searched where the seized material/s reflects undisclosed income of ano…

Kk Leisure & Tourism International (P) Ltd, Kannur vs. DCIT Central Circle 2, Kozhikode

In the result, the assessee’s appeals are allowed, and it’s stay applications dismissed as infructuous

ITA 509/COCH/2023[2009-10]Status: DisposedITAT Cochin13 Feb 2024AY 2009-10

Bench: Shri Sanjay Arora & Shri Manomohan Das

For Appellant: Shri Paven Ved, AdvocateFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 132Section 132(1)Section 133ASection 153ASection 153CSection 69C

…Hon'ble Apex Court, viz., Super Malls Pvt. Ltd. v. Pr.CIT [2020] 423 ITR 281 (SC); CIT v. Sinhgad Technical Education Society [2017] 397 ITR 344 (SC); and prior thereto CIT v. Calcutta Knitwears[2014] 362 ITR 673 (SC) and Manish Maheshwariv. Asst. CIT [2007] 289 ITR 341 (SC); the latter two being in the context of s. 158BD, which, similarly, requires a satisfaction SA Nos. 138 to 140/Coch/2023 (AYs: 2008-09 to 2010-11) K.K. Leisure Tourism International (P.) Ltd. v. Dy. CIT note (SN) to be recorded by the Assessing Officer (AO) of the person searched where the seized material/s reflects undisclosed income of ano…

Kk Leisure & Tourism International (P) Ltd, Kannur vs. The DCIT Central Circle 2, Kozhikode

In the result, the assessee’s appeals are allowed, and it’s stay applications dismissed as infructuous

ITA 508/COCH/2023[2008-09]Status: DisposedITAT Cochin13 Feb 2024AY 2008-09

Bench: Shri Sanjay Arora & Shri Manomohan Das

For Appellant: Shri Paven Ved, AdvocateFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 132Section 132(1)Section 133ASection 153ASection 153CSection 69C

…Hon'ble Apex Court, viz., Super Malls Pvt. Ltd. v. Pr.CIT [2020] 423 ITR 281 (SC); CIT v. Sinhgad Technical Education Society [2017] 397 ITR 344 (SC); and prior thereto CIT v. Calcutta Knitwears[2014] 362 ITR 673 (SC) and Manish Maheshwariv. Asst. CIT [2007] 289 ITR 341 (SC); the latter two being in the context of s. 158BD, which, similarly, requires a satisfaction SA Nos. 138 to 140/Coch/2023 (AYs: 2008-09 to 2010-11) K.K. Leisure Tourism International (P.) Ltd. v. Dy. CIT note (SN) to be recorded by the Assessing Officer (AO) of the person searched where the seized material/s reflects undisclosed income of ano…

Kk Radhakrishnan, Kannur vs. DCIT Central Circle 2, Kozhikode

In the result, the assessee’s appeal is disposed on the aforesaid terms, and stay application is dismissed as infructuous

ITA 494/COCH/2023[2008-09]Status: DisposedITAT Cochin12 Jan 2024AY 2008-09

Bench: Shri Sanjay Arora & Shri Manomohan Das & Sa No. 104/Coch/2023 (Assessment Year: 2008-09)

For Appellant: Shri Pavan Ved, AdvocateFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 132(1)Section 153ASection 153CSection 153D

…assess income u/s. 153A r/ws. 153C of the Act in respect of a person other than the person/s searched, which is precisely what the provision mandates. This, it may be noted, is in conformity with the law as explained earlier in CIT v. Manish Maheshwari [2007] 289 ITR 341 (SC). Further, each year being an independent unit of assessment, the jurisdiction, it follows, is to be assumed separately, on the basis of such material, for each year. The legal position stands endorsed in Super Malls P. Ltd. (supra), wherein it stands also explained that it shall be a sufficient compliance of law where the satisfaction note i…

Deputy Commissioner of Income Tax, Jalandhar vs. M/S. Sadhu Singh Hamdard Trust, Jalandhar

ITA 344/ASR/2010[2007-08]Status: DisposedITAT Amritsar07 Dec 2023AY 2007-08

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

For Appellant: Sh. Gunjeet Singh Syal, AdvFor Respondent: Sh. S. M. Surendranath, Sr. D. R
Section 11Section 11(1)(a)Section 13Section 13(1)Section 13(3)Section 13(3)(c)Section 2(15)

…733 (Guj) b. CIT Vs Kamala Town Trust [2005] 279 ITR 89 (All) 13. In case of two possible views, a view favourable to the assessee is to be preferred. The aforesaid proposition is supported by the following legal precedents : Manish Maheshwari Vs CIT [2007] 289 ITR 341 (SC); and a. Pradip J. Mehta Vs CIT [2008] 300 ITR 231 (SC) b. In view of the aforesaid, it is respectfully submitted that in the present case, there is no allegation that the payment made to specified persons were unreasonable or excessive, therefore, it is respectfully submitted, that it cannot result in complete denial of exemption under sect…

The Assistant Commissioner of Income Tax, Jalandhar vs. M/S. Sadhu Singh Hamdard Trust, Jalandhar

ITA 421/ASR/2009[2006-07]Status: DisposedITAT Amritsar07 Dec 2023AY 2006-07

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

For Appellant: Sh. Gunjeet Singh Syal, AdvFor Respondent: Sh. S. M. Surendranath, Sr. D. R
Section 11Section 11(1)(a)Section 13Section 13(1)Section 13(3)Section 13(3)(c)Section 2(15)

…733 (Guj) b. CIT Vs Kamala Town Trust [2005] 279 ITR 89 (All) 13. In case of two possible views, a view favourable to the assessee is to be preferred. The aforesaid proposition is supported by the following legal precedents : Manish Maheshwari Vs CIT [2007] 289 ITR 341 (SC); and a. Pradip J. Mehta Vs CIT [2008] 300 ITR 231 (SC) b. In view of the aforesaid, it is respectfully submitted that in the present case, there is no allegation that the payment made to specified persons were unreasonable or excessive, therefore, it is respectfully submitted, that it cannot result in complete denial of exemption under sect…

The DCIT, Jalandhar vs. M/S. Sadhu Singh Hamdard Trust, Jalandhar

ITA 39/ASR/2007[2003-04]Status: DisposedITAT Amritsar07 Dec 2023AY 2003-04

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

For Appellant: Sh. Gunjeet Singh Syal, AdvFor Respondent: Sh. S. M. Surendranath, Sr. D. R
Section 11Section 11(1)(a)Section 13Section 13(1)Section 13(3)Section 13(3)(c)Section 2(15)

…733 (Guj) b. CIT Vs Kamala Town Trust [2005] 279 ITR 89 (All) 13. In case of two possible views, a view favourable to the assessee is to be preferred. The aforesaid proposition is supported by the following legal precedents : Manish Maheshwari Vs CIT [2007] 289 ITR 341 (SC); and a. Pradip J. Mehta Vs CIT [2008] 300 ITR 231 (SC) b. In view of the aforesaid, it is respectfully submitted that in the present case, there is no allegation that the payment made to specified persons were unreasonable or excessive, therefore, it is respectfully submitted, that it cannot result in complete denial of exemption under sect…