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2019 (2) TMI 1471 - HC - Income TaxValidity of assessment u/s 153C - satisfaction requirement of section 153BD undisclosed income belongs to some other person - search was declared invalid in case of original person - HELD THAT - For the purpose of assessment under section 153A of the Act, the validity of the authorisation is imperative; whereas in case of an assessment under section 153C, it is handing over of the books of account or documents or assets seized or requisitioned which is material. Once the AO of the other person is in receipt of the books of account or documents or assets seized or requisitioned, and proceeds further with the assessment, such assessment would not be rendered invalid on account of the search having subsequently held to be invalid. Provisions of Section 158BD 153C are more or less in pari materia.- In the light of the decision of the Supreme Court in Pooran Mal 1973 (12) TMI 2 - SUPREME COURT) as well as Gunjan Girishbhai Mehta 1973 (12) TMI 2 - SUPREME COURT , merely because the original search is held to be invalid, the consequential action under section 153C of the Act would not become invalid. As held by the Supreme Court in Gunjan Girishbhai Mehta (supra), when the assessee has participated in the proceedings for assessment, the information discovered during the course of search, if capable of generating satisfaction for issuing notice under section 153C, cannot altogether become irrelevant for further action under section 153C - ITAT has erred in quashing the assessment proceedings under section 153C of the Act initiated against the assessee on the ground that the authorisation of search under section 132 of the Act was quashed in the case of the searched person. - Decided in favour of the revenue
Issues Involved:
1. Validity of assessment proceedings under section 153C of the Income Tax Act, 1961. 2. Impact of quashing the authorization of search under section 132 on subsequent proceedings under section 153C. 3. Interpretation and applicability of sections 153A, 153C, 158BC, and 158BD of the Income Tax Act. Issue-wise Detailed Analysis: 1. Validity of assessment proceedings under section 153C of the Income Tax Act, 1961: The appeals arose from a common order by the Income Tax Appellate Tribunal, which quashed the assessment proceedings under section 153C initiated against the assessee. The Tribunal's decision was based on the quashing of the search authorization under section 132 in the case of the searched person. The Tribunal held that once the search action itself stands quashed, the assessment proceedings have no legs to stand. 2. Impact of quashing the authorization of search under section 132 on subsequent proceedings under section 153C: The appellant contended that the Tribunal erred in setting aside the assessment under section 153C merely because the search was held invalid in the case of the searched person. The appellant relied on the Supreme Court's decision in Pooran Mal v. Director of Inspection (Investigation), which held that even if the search and seizure contravene section 132, the seized material can still be used against the person from whose custody it was seized. The appellant argued that the validity of the search authorization is not relevant for proceedings under section 153C, which only requires satisfaction that certain articles belong to a person other than the searched person. 3. Interpretation and applicability of sections 153A, 153C, 158BC, and 158BD of the Income Tax Act: The respondent argued that the decisions in the case of Gunjan Girishbhai Mehta, which dealt with sections 158BC and 158BD, are not applicable to sections 153A and 153C. The respondent highlighted that section 153C requires satisfaction that certain articles belong to a person other than the searched person, whereas section 158BD requires satisfaction that undisclosed income belongs to another person. The respondent contended that the parameters for sections 153C and 158BD are different, and the quashing of the search should invalidate the proceedings under section 153C. The court examined the provisions of sections 158BC, 158BD, 153A, and 153C. It noted that while section 158BD deals with undisclosed income, section 153C concerns the ownership of seized articles. The court found that both provisions are in pari materia, and the distinction drawn by the respondent does not hold weight. The court referred to the Supreme Court's decision in Pooran Mal, which stated that evidence obtained from an illegal search is not liable to be excluded unless expressly prohibited by law. Consequently, the court held that the invalidity of the original search does not render the proceedings under section 153C invalid. Conclusion: The appeals were allowed, and the question was answered in favor of the revenue. The Tribunal erred in quashing the assessment proceedings under section 153C on the ground that the search authorization under section 132 was quashed. The cross objections filed by the respondent assessee were partly rejected, and the matters were restored to the Tribunal for a decision on merits, in accordance with the law.
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