2022 (1) TMI 541 - HC - Income Tax

Assessment u/s 153C - principal argument canvassed is that Section-153(C) can be invoked with respect to a particular seized document vis-a-vis the transaction - HELD THAT - So far as the other 05 transactions are concerned, they are not part of the documents seized during the course of the search premises of Dr. Dilip Patel - no incriminating materials was recovered with respect to the particular assessment year i.e.2017-18, for which the information is sought for. It is also submitted that there is no incriminating material found with respect to these 05 other adjoining parcels of land. Our attention was drawn to the reasonings assigned by the Assessing Officer while overruling the objections raised by the writ-applicant. The Assessing Officer has said that as the 05 other parcels of land are adjacent to the land at revenue survey no.77/2/1, logically, it could be derived that the other five sellers must have been paid the amount commensurate to what had been paid to Dr. Dilip Patel. Let Notice be issued to the respondent, returnable on 24.01.2022.Let there be an ad-interim order in terms of Para-10(C). Direct service is permitted.

Summary

Issues:
1. Interpretation of Section-153(C) of the Act in relation to seized documents.
2. Validity of the Assessing Officer's requirement for information on 05 other adjoining parcels of land.
3. Determining the presence of incriminating material in the seized documents.
4. Justifiability of the Assessing Officer's reasoning based on the adjacency of the parcels of land.

Analysis:
The judgment by the Gujarat High Court, delivered by Honourable Mr. Justice J.B.Pardiwala, and Honourable Ms. Justice Nisha M. Thakore, addresses multiple key issues. Firstly, the court examines the application of Section-153(C) concerning seized documents related to a land transaction. The petitioner, represented by Mr. Manish Shah, argues that the section should only apply to the specific transaction mentioned in the seized document, not to additional transactions. The court delves into the interpretation of this provision in light of the facts presented, emphasizing the need for incriminating material to trigger its application.

Secondly, the court scrutinizes the Assessing Officer's demand for information on 05 other adjoining parcels of land beyond the initial transaction under review. The petitioner contests this requirement, asserting that no incriminating material was found concerning these additional transactions. The court evaluates the validity of the Assessing Officer's decision, particularly in the absence of concrete evidence linking these parcels to the original transaction.

Furthermore, the judgment delves into the presence of incriminating material in the seized documents, crucial for invoking Section-153(C) and justifying the inquiry into the petitioner's transactions. The court assesses whether the documents seized during the raid provide sufficient grounds for expanding the investigation to encompass multiple land deals, emphasizing the necessity of substantial incriminating evidence to support such actions.

Lastly, the court examines the Assessing Officer's rationale based on the adjacency of the parcels of land to justify the information request. The petitioner challenges this reasoning, highlighting the lack of direct incriminating evidence linking the additional transactions to the initial one. The court reviews the logic employed by the Assessing Officer and evaluates its soundness in the context of the case presented.

In conclusion, the Gujarat High Court issues a notice to the respondent for further proceedings, emphasizing the need for a detailed examination of the issues raised by the petitioner regarding the interpretation of Section-153(C), the presence of incriminating material, and the justifiability of the Assessing Officer's demands for information on multiple land transactions. The judgment underscores the importance of legal clarity and substantial evidence in tax assessment inquiries to ensure fairness and accuracy in the process.