2018 (12) TMI 1795 - HC - Income Tax

Assessment u/s 153C - petitioner has submitted that the search had taken place in case of H N Safal Group on 4.9.2013. However during the course of such search no documents or material belonging to the petitioner were found despite which the Assessing Officer wishes to assess the petitioner on the basis of the material collected during such search relying on the amendment in section 153C of the Act with effect from 1.6.2015 - HELD THAT - Having regard to the submissions advanced by the learned advocate for the petitioner Issue Notice returnable on 7th January 2019. By way of ad-interim relief the respondent is permitted to proceed further with the assessment; he however shall not pass the final order without the permission of this court. Direct Service is permitted.

Summary

The petitioner challenged a notice issued by the Assessing Officer under section 153C of the Income Tax Act, 1961. The search had taken place in a different case, and no documents belonging to the petitioner were found. The court issued a notice returnable on 7th January, 2019, allowing the assessment to proceed but not the final order without court permission.