2010 (3) TMI 770 - GUJARAT HIGH COURT

Search and seizure - Undisclosed income - it is apparent that sections 153A, 153B and 153C lay down a scheme for assessment in case of search and requisition - it is an admitted position as emerging from the record of the case, that the documents in question, namely the three loose papers recovered during the search proceedings do not belong to the petitioner - It may be that there is a reference to the petitioner inasmuch as his name is reflected in the list under the heading Samutkarsh Members Details and certain details are given under different columns against the name of the petitioner along with other members, however, it is nobody's case that the said documents belong to the petitioner - It is not even the case of the Revenue that the said three documents are in the handwriting of the petitioner. In the circumstances, when the condition precedent for issuance of notice is not fulfilled any action taken under section 153C of the Act stands vitiated. - Decided in the favour of the assessee