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2023 (6) TMI 1141 - SCH - Income TaxValidity of Assessment u/s 153C - whether proceedings initiated by issuance of notice u/s 153C are with or without jurisdiction? - As per HC very initiation of proceedings u/s 153C 2019 (6) TMI 746 - GUJARAT HIGH COURT was without jurisdiction - HELD THAT - As a batch of appeals were preferred before this Court and the very impugned common judgment has been set aside by this Court in Vikram Sujitkumar Bhatia 2023 (4) TMI 296 - SUPREME COURT - Thus, the issue involved in the present appeals is squarely covered against the Assessee and in favour of the Revenue in view of the aforesaid decision of this Court. Assessee has fairly conceded before this Court that the issue involved in the present appeals is squarely covered against the Assessee and in favour of the Revenue in view of the aforesaid decision of this Court. In view of the above and for the reasons stated above and for the reasons stated in the decision of this Court in Vikram Sujitkumar Bhatia (supra), the present appeals are allowed. The impugned common judgment and order passed by the High Court is hereby quashed and set aside.
Issues involved:
The issues involved in this case pertain to the appeal against the impugned common judgment and order passed by the High Court of Gujarat at Ahmedabad in SCA No. 12832/2018 and R/SCA No 16782/2018. Judgment Summary: The Supreme Court granted leave to appeal to the Revenue, who was dissatisfied with the impugned common judgment and order dated 02-04-2019 of the High Court of Gujarat at Ahmedabad. It was noted that a batch of appeals were previously preferred before the Court, and the impugned judgment had been set aside in the case of Income Tax Officer vs Vikram Sujitkumar Bhatia 2023 SCC Online SC 370. The issue in the present appeals was found to be squarely covered against the Assessee and in favor of the Revenue based on the aforementioned decision. The respondent's counsel acknowledged that the issue was decided against the Assessee. Consequently, the Supreme Court allowed the appeals, quashed, and set aside the impugned judgment and order of the High Court. No costs were awarded in this matter.
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