2012 (3) TMI 503 - HC - Income Tax

Proceedings under Section 153C - Held that - No money, bullion, jewellery or other valuable article or books of account belonging to the assessee having been found, the Tribunal was quite justified in holding that proceeding under Section 153C was uncalled for. Assessing Officer was not justified in making assessment under Section 153(3A) read with Section 153 of the Act. We find no reason to interfere with the order passed by the Tribunal.

Summary

Issues:
1. Validity of quashing proceedings under Section 153C of the Income Tax Act.

Analysis:
The High Court of Gujarat heard an appeal under Section 260A of the Income Tax Act, filed by the revenue against the order of the Income Tax Appellate Tribunal quashing proceedings under Section 153C of the Act for the assessment year 2004-05. The main issue raised was whether the Tribunal erred in law by quashing the said proceedings.

The facts established that no money, bullion, jewelry, or valuable items were found during the search and seizure process, which was initiated against a different individual. Only documents related to the present assessee's transactions with the searched parties were seized. The assessee claimed that these materials were already recorded in their books of account and returns were filed under Section 139 of the Act. Subsequently, the Revenue department surveyed the assessee's business premises under Section 133A and impounded their books of account.

After considering the arguments presented by Mr. Bhatt on behalf of the revenue and examining the evidence, the Court concluded that since no assets belonging to the assessee were found during the search, the Tribunal's decision to quash the Section 153C proceedings was justified. The Court referred to a previous decision by a Division Bench in a similar case and upheld the Tribunal's view. Consequently, the Assessing Officer was deemed unjustified in making an assessment under Section 153(3A) read with Section 153 of the Act. Therefore, the Court found no grounds to interfere with the Tribunal's order.

In light of the above analysis, the appeal was deemed lacking in substance and was consequently dismissed by the High Court of Gujarat.