Smt. Rajyalakshmi, Bangalore vs. DCIT, Bangalore
In the result, all the appeals and CO of the assessee are allowed
ITA 1020/BANG/2011[2008-09]Status: DisposedITAT Bangalore29 Nov 2023AY 2008-09
Bench: Shri Chandra Poojari & Smt. Beena Pillai
For Appellant: Shri Prashanth G.S., A.RFor Respondent: Shri Parithivel, D.R
Section 143(3)Section 153C
…confer jurisdiction on the Income-tax Officer to proceed under section 34(l)(a) had been established. " (Emphasis Added) 2.7 He placed reliance on the decision of the Hon'ble High Court of Karnataka in the case of Ramnath Santu Angolkar vs. DCIT, reported in 422 ITR 508, wherein it was held that: However, on account of non-production of the warrant of authorization, the adverse inference has to be drawn. Therefore, the first substantial question of law is answered in favour of the appellant and against the revenue, however, with the liberty to the revenue to proceed against the appellant in accordance with law.…