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2009 (9) TMI 28 - HC - Income TaxSearch and Seizure Applicability of provisions of section 158BD in respect of block assessment Held that - The proceedings under section 158-BD against a person other than the person raided are part of the proceedings which commence with search under section 132 and culminate in proceedings under Chapter XIVB of the Act and if at any stage the assessing officer is satisfied that any undisclosed income belongs to some other person, similar notice is to be issued to such person also. Hence it has been concluded that issuance of notice under section 158BD to a person other than the person raided need not wait till the completion of the proceedings under section 158BC against the person raided regarding retention of books accounts, department has sought permission within time limit as prescribed writ petition rejected retention of books of account upheld notice for block assessment sustained.
Issues:
1. Application of Section 158-BD of the Income Tax Act in a case involving search and seizure. 2. Validity of notice issued under Section 158-BD. 3. Request for release of seized books of account and documents. Issue 1: Application of Section 158-BD: The petitioner, a partnership firm engaged in sweets manufacturing, challenged the notice dated 12-2-2002 issued under Section 158BD of the Income Tax Act, alleging it was illegally issued. The respondent argued that Section 158-BD was rightly invoked as no search and seizure occurred under Section 132 at the petitioner's business premises, only a survey under Section 133-A. The court examined the authorization records and confirmed that while a survey was conducted at the business premises, the search and seizure took place at the partners' residential premises. The court clarified that Section 158-BD allows action if undisclosed income belongs to a person other than the one searched, and satisfaction of the assessing authority is crucial. The court concluded that the notice under Section 158BD was legally issued, as search and seizure did not occur at the business premises. Issue 2: Validity of Notice under Section 158-BD: The court emphasized that the assessing authority's satisfaction is a prerequisite for invoking Section 158-BD. The petitioner's contention that search and seizure occurred at their business premises was refuted with evidence showing otherwise. The court highlighted that the notice was warranted as search and seizure under Section 132 happened at the partners' residence, not the business premises. The court also noted that the mere mention of "search and seizure" in the Panchnama does not convert a survey under Section 133-A into a search and seizure under Section 132. The court cited relevant case law to support the validity of issuing notices under Section 158BD to persons other than those directly searched. Issue 3: Request for Release of Seized Documents: The petitioner sought a direction to release the seized books of account and documents. The respondent explained that approval for retention was obtained earlier, and the seized items were crucial for ongoing assessment proceedings under Section 158BD. The court found no reason to direct the release of the seized items, considering the necessity of retaining them for completing the assessment. Consequently, the court dismissed the writ petitions, finding no merit in the petitioner's claims. This detailed analysis of the judgment from the Allahabad High Court addresses the issues of applying Section 158-BD, the validity of the notice issued under it, and the request for the release of seized documents, providing a comprehensive overview of the court's decision and reasoning.
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