2011 (4) TMI 582 - HC - Income Tax

Applicabilty of Section 158BD. - Held that - In the present case, evidently no such satisfaction has been recorded by AO of the person with respect to whom the search was made, prior to handing over the documents. In the circumstances, the basic condition precedent for invoking section 158BD qua petitioner has not been satisfied. In search premises, in the absence of the basic requirement for invoking section 158BD being satisfied, respondent lacked the jurisdiction to issue such notice and as such the impugned notice u/s 158BD cannot be sustained. decided in favour of Assessee.

Summary

Issues:
Challenge to notice under section 158BD of the Income-tax Act, 1961.

Detailed Analysis:

Issue 1: Challenge to Notice under Section 158BD
The petitioner challenged the notice dated March 1, 2001, issued under section 158BD of the Income-tax Act, 1961. The petitioner, engaged in the transport business, was involved in a situation where cash was seized by income tax authorities during a transaction related to the purchase of a truck. The petitioner argued that the notice was invalid as the satisfaction required for issuing such a notice was not met. The petitioner contended that the seized amount was not undisclosed income and was duly accounted for by the concerned parties. It was further argued that the notice was untimely as the block assessment should have been completed earlier. The petitioner also raised concerns about the lack of material for the Assessing Officer to determine the seized amount as undisclosed income.

Issue 2: Respondent's Defense
The respondent, supported by a senior advocate, defended the notice under section 158BD. It was highlighted that the Assessing Officer was satisfied about the necessity of action under section 158BD and had forwarded relevant reports for necessary action. The respondent argued that there was no time limit in the Income-tax Act for initiating action under section 158BD, and thus, the notice was not beyond the time limit for block assessment completion. The respondent maintained that the notice was issued in accordance with the law and opposed any intervention by the court.

Issue 3: Lack of Satisfaction by Assessing Officer
The court examined the communication from the Assessing Officer regarding the seized amount and statements of involved parties. It was noted that there was no indication of the Assessing Officer's satisfaction that the seized amount constituted undisclosed income of the petitioner. Section 158BD requires the Assessing Officer to be satisfied that undisclosed income belongs to a person other than the searched party. As no such satisfaction was recorded, the court concluded that the basic requirement for invoking section 158BD was not met. Consequently, the court ruled in favor of the petitioner, quashing and setting aside the notice under section 158BD.

In conclusion, the court found that the notice under section 158BD lacked jurisdiction due to the absence of the necessary satisfaction by the Assessing Officer. The petition was allowed, and the impugned notice was quashed.