Pepsi Foods (P.) Ltd. v. Asstt. CIT

367 ITR 112High Court2014#395 most cited

What is Pepsi Foods (P.) Ltd. v. Asstt. CIT authority for?

For assessments under Section 153C, a specific satisfaction note by the Assessing Officer of the person searched, recorded prior to initiating proceedings, is a jurisdictional prerequisite, rendering its absence void. The approval function under Section 153D is administrative and does not require elaborate reasoning.

225

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2015 to 2026.

Also referred to as

Pepsi Foods (P.) Ltd. v. Asstt. CIT · Section 153C satisfaction note · Section 153D approval · search assessment jurisdiction · 153C proceedings void · Assessing Officer of searched person · administrative approval · no elaborate reasoning

Sections most often in play

Section 153CSection 153ASection 132Section 131Section 69ASection 68Section 143(3)Section 147

Issues it is cited on

section 132(4a)(i)section 292c(1)(i)section 6(3)(ii)section 292c(1)section 153(c)(1)section 6(3)section 4(1)section 158bdsection 153(c)section 292csection 153c(1)section 292

Judgments citing Pepsi Foods (P.) Ltd. v. Asstt. CIT

Commissioner of Income Tax-7 vs. Rrj Securities Ltd

ITA-164/2015HC Delhi30 Oct 2015

Bench: The Tribunal, Were Filed By The Revenue (Being

For Appellant: Mr N.P. Sahni, Senior Standing Counsel withFor Respondent: Mr Kapil Goyal and Mr V.M. Chaurasia
Section 132Section 143(2)Section 153CSection 260ASection 69C

…ed in proceeding on the basis that the period of six years was to be reckoned from the end of the financial year preceding the financial year in which the search was conducted. 17. In Pepsi Foods Pvt. Ltd. v. Assistant Commissioner of Income Tax: (2014) 367 ITR 112 (Del), this Court had explained that on a plain reading of Section 153C of the Act, a notice under that section could be issued only after two preceding conditions had been met. First of all, the AO of the searched person would have to arrive at a satisfaction that document or asset seized does not belong to the person searched but to some o…

Commissioner of Income Tax-7 vs. Rrj Securities Ltd

ITA-177/2015HC Delhi30 Oct 2015

Bench: The Tribunal, Were Filed By The Revenue (Being

For Appellant: Mr N.P. Sahni, Senior Standing Counsel withFor Respondent: Mr Kapil Goyal and Mr V.M. Chaurasia
Section 132Section 143(2)Section 153CSection 260ASection 69C

…ed in proceeding on the basis that the period of six years was to be reckoned from the end of the financial year preceding the financial year in which the search was conducted. 17. In Pepsi Foods Pvt. Ltd. v. Assistant Commissioner of Income Tax: (2014) 367 ITR 112 (Del), this Court had explained that on a plain reading of Section 153C of the Act, a notice under that section could be issued only after two preceding conditions had been met. First of all, the AO of the searched person would have to arrive at a satisfaction that document or asset seized does not belong to the person searched but to some o…

Commissioner of Income Tax-7 vs. Rrj Securities Ltd

ITA-176/2015HC Delhi30 Oct 2015

Bench: The Tribunal, Were Filed By The Revenue (Being

For Appellant: Mr N.P. Sahni, Senior Standing Counsel withFor Respondent: Mr Kapil Goyal and Mr V.M. Chaurasia
Section 132Section 143(2)Section 153CSection 260ASection 69C

…ed in proceeding on the basis that the period of six years was to be reckoned from the end of the financial year preceding the financial year in which the search was conducted. 17. In Pepsi Foods Pvt. Ltd. v. Assistant Commissioner of Income Tax: (2014) 367 ITR 112 (Del), this Court had explained that on a plain reading of Section 153C of the Act, a notice under that section could be issued only after two preceding conditions had been met. First of all, the AO of the searched person would have to arrive at a satisfaction that document or asset seized does not belong to the person searched but to some o…

P.R Commissioner of Income Tax (Central-II) vs. Aakash Arogya Mandir Pvt. Ltd

The appeals are dismissed

ITA/510/2015HC Delhi28 Jul 2015

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

Section 153Section 153CSection 260

…$~ * 18. + IN THE HIGH COURT OF DELHI AT NEW DELHI ITA 509/2015 P.R. COMMISSIONER OF INCOME TAX (CENTRAL-II) Appellant Through: Ms. Suruchi Aggarwal, Senior Standing counsel with Ms. Lakshmi Gurung, Advocate. versus AAKASH AROGYA MANDIR PVT. LTD. WITH Respondent ITA 510/2015 P.R. COMMISSIONER OF INCOME TAX (CENTRAL-II) Appellant Through: Ms. Suruchi Aggarwal, Senior Standing counsel with Ms. Lakshmi Gurung, Advocate. versus AAKASH AROGYA MANDIR PVT. LTD. AND Respondent 22. + ITA 513/2015 P.R. COMMISSIONER OF INCOME TAX (CENTRAL-II) Appellant Through: Ms. Suruchi Aggarwal, Senior Standing counsel with Ms. Laksh…

(Central-II) vs. Aakash Arogya Mandir Pvt. Ltd

The appeals are dismissed

ITA/509/2015HC Delhi28 Jul 2015
Section 153Section 260

…ITA Nos. 509, 510 & 513 of 2015 Page 1 of 6 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 18. + ITA 509/2015 P.R. COMMISSIONER OF INCOME TAX (CENTRAL-II) ..... Appellant Through: Ms. Suruchi Aggarwal, Senior Standing counsel with Ms. Lakshmi Gurung, Advocate. versus AAKASH AROGYA MANDIR PVT. LTD. ..... Respondent WITH 19. + ITA 510/2015 P.R. COMMISSIONER OF INCOME TAX (CENTRAL-II) ..... Appellant Through: Ms. Suruchi Aggarwal, Senior Standing coun…