SRI SRINIVASA EDUCATIONAL & CHARITABLE TRUST,BANGALORE vs. DCIT, CENTRAL CIRCLE-2(3), BENGALURU

reassessment\nin cases where search has been conducted under section 132 or\nrequisition is made under section 132A does not provide for any\napproval for such assessment.\n50.2 A new section 153D

SRI SRINIVASA EDUCATIONAL & CHARITABLE TRUST,BANGALORE vs. DCIT, CENTRAL CIRCLE-2(3), BANGALORE

reassessment\nin cases where search has been conducted under section 132 or\nrequisition is made under section 132A does not provide for any\napproval for such assessment.\n\n50.2 A new section 153D

M/S. EAGLE TRADERS & LOGISTICS,BELLARY vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 2(3), BANGALORE

reassess his income in accordance\nwith the provisions of Section 153A. Therefore, before a notice\nunder Section 153C can be issued two steps have to be taken.\nThe first step is that the Assessing Officer of the person who is\nsearched must arrive at a clear satisfaction that a document\nseized from him does not belong

M/S. EAGLE TRADERS & LOGISTICS,BELLARY vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 2(3), BANGALORE

Accordingly, the appeals filed by the assessee are allowed in above terms

Bench: Shri. Laxmi Prasad Sahu & Shri. Keshav Dubey

153D. 16. We have carefully considered the submissions advanced by both sides. Section 153C of the Income-tax Act, 1961, contemplates the assessment of a person other than the person searched, provided that the Assessing Officer is satisfied that any money, bullion, jewellery, books of account, or documents seized or requisitioned during the course of a search under Section

M/S. EAGLE TRADERS & LOGISTICS,BELLARY vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 2(3), BANGALORE

Accordingly, the appeals filed by the assessee are allowed in above terms

Bench: Shri. Laxmi Prasad Sahu & Shri. Keshav Dubey

153D. 16. We have carefully considered the submissions advanced by both sides. Section 153C of the Income-tax Act, 1961, contemplates the assessment of a person other than the person searched, provided that the Assessing Officer is satisfied that any money, bullion, jewellery, books of account, or documents seized or requisitioned during the course of a search under Section

M/S. EAGLE TRADERS & LOGISTICS,BELLARY vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 2(3), BANGALORE

Accordingly, the appeals filed by the assessee are allowed in above terms

Bench: Shri. Laxmi Prasad Sahu & Shri. Keshav Dubey

153D. 16. We have carefully considered the submissions advanced by both sides. Section 153C of the Income-tax Act, 1961, contemplates the assessment of a person other than the person searched, provided that the Assessing Officer is satisfied that any money, bullion, jewellery, books of account, or documents seized or requisitioned during the course of a search under Section

M/S. BHARAT BEEDI WORKS PRIVATE LIMITED,MANGALURU vs. DEPUTY COMMISIONER OF INCOME TAX, CENTRAL CIRCLE - 2, MANGALURU

In the result, the appeals filed by the assessee for all the four A

Bench: SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER\nAND\nSHRI SOUNDARARAJAN K. (Judicial Member)

reassessment shall be\npassed” and “except” emphasize that the provisions of Section 153D\nhave to be strictly construed. Further, Section

M/S. BHARAT BEEDI WORKS PRIVATE LIMITED,MANGALURU vs. DEPUTY COMMISIONER OF INCOME TAX, CENTRAL CIRCLE - 2, MANGALURU

reassessment shall be\npassed” and “except” emphasize that the provisions of Section 153D\nhave to be strictly construed. Further, Section

M/S. BHARAT BEEDI WORKS PRIVATE LIMITED,MANGALURU vs. DEPUTY COMMISIONER OF INCOME TAX, CENTRAL CIRCLE - 2, MANGALURU

In the result, all the appeals filed by the assessee are allowed

reassessment shall be\npassed” and “except” emphasize that the provisions of Section 153D\nhave to be strictly construed. Further, Section

M/S MSPL LIMITED,MUMBAI vs. ACIT, BANGALORE

Bench: Shri Chandra Poojari & Shri Prakash Chand Yadav

section 153D of the Act which reads as under: . ITA Nos.372 to 374/Bang/2011 Page 4 of 16 “…………153D. No order of assessment or reassessment

M/S MSPL LIMITED,MUMBAI vs. ACIT, CENTRAL CIRCLE-2(1), BANGALORE

Bench: Shri Chandra Poojari & Shri Prakash Chand Yadav

section 153D of the Act which reads as under: . ITA Nos.372 to 374/Bang/2011 Page 4 of 16 “…………153D. No order of assessment or reassessment

M/S MSPL LIMITED,MUMBAI vs. ACIT, BANGALORE

Bench: Shri Chandra Poojari & Shri Prakash Chand Yadav

section 153D of the Act which reads as under: . ITA Nos.372 to 374/Bang/2011 Page 4 of 16 “…………153D. No order of assessment or reassessment

M/S. SRI DEVARAJ URS EDUCATIONAL TRUST FOR BACKWARD CLASSES (REGD),KOLAR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(4), BANGALORE

Appeal of the assessee is dismissed\nas infructuous

153D of the Act.\n53.1 At the outset, we note that the issue raised by the assessee on\nmerit of the case has been decided in its favour. Accordingly, we do not\nfind any reason to adjudicate the impugned issue on hand. As such, we\nkeep the issue open. Both the Id. AR and the DR did not raise

M/S MSPL LIMITED,MUMBAI vs. ACIT, BANGALORE

In the result, the appeal by the assessee is partly allowed

Bench: Shri George George K. & Shri Laxmi Prasad Sahuassessment Year : 2005-06

section 153D. 3. For the above and any other reasons which may be adduced at the time of hearing, it is prayed that the Order of the Assessing officer be directed to set aside. 4. The Appellant craves leave to add, to alter or amend all or any of the aforesaid grounds of appeal.” 3. Since the additional grounds

MR. D K SHIVAKUMAR,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE

In the result, we allow appeal filed by the assessee

section 132 of\nthe Act, 1961. Even, in the impugned judgment and order, the High Court\nhas, at paragraph 19.4 recorded that section 153C of the Act is a machinery\nprovision. As per the settled position of law, the Courts, while interpreting\nmachinery provisions of a taxing statute, must give effect to its manifest\npurpose by construing it in such

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE vs. MR. D K SHIVAKUMAR, BANGALORE

section 153C is a machinery\nprovision, which has been inserted with the purpose of carrying out the\nassessment of persons other than the searched person under section 132 of\nthe Act, 1961. Even, in the impugned judgment and order, the High Court\nhas, at paragraph 19.4 recorded that section 153C of the Act is a machinery\nprovision

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE vs. MR. D K SHIVAKUMAR, BANGALORE

In the result, we allow appeal filed by the assessee

section 153C is a machinery\nprovision, which has been inserted with the purpose of carrying out the\nassessment of persons other than the searched person under section 132 of\nthe Act, 1961. Even, in the impugned judgment and order, the High Court\nhas, at paragraph 19.4 recorded that section 153C of the Act is a machinery\nprovision

DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE- 1(4), BANGALORE vs. MR. D K SHIVAKUMAR, BANGALORE

section 153C is a machinery\nprovision, which has been inserted with the purpose of carrying out the\nassessment of persons other than the searched person under section 132 of\nthe Act, 1961. Even, in the impugned judgment and order, the High Court\nhas, at paragraph 19.4 recorded that section 153C of the Act is a machinery\nprovision