9911796707
TMI Blog2024 (10) TMI 763X X X X Extracts X X X X X X X X Extracts X X X X ..... e HELD THAT:- Undisputedly, the said questions are covered by the decision of Vikram Sujitkumar Bhatia [ 2023 (4) TMI 296 - SUPREME COURT] . The Supreme Court had, in its decision, noted that this Court had in the case of Pepsico India Holdings (P.) Ltd. [ 2014 (8) TMI 898 - DELHI HIGH COURT] taken a restrictive view of the words belong to as used in Section 153C of the Act. Thus, even though incriminating material pertaining to the third parties was found during a search conducted u/s 132 Revenue could not proceed against such other persons if the document did not belong to the said person. The Parliament had substituted the words belongs or belongs to with the words pertains or pertains to by the Finance Act, 2015. In the present case, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpugned order) passed by the Income Tax Appellate Tribunal (hereafter the Tribunal) in ITA Nos. 4966/Del/2013 and 4967/Del/2013 captioned Dharam Raj Construction and Infrastructure Private Limited v. DCIT in respect of assessment year 2007-08 and 2008-09 respectively. 2. It is relevant to note that the impugned order is a common order passed in a batch of appeals. However, the present appeals are confined to the Revenue s appeals in ITA Nos. 4966/Del/2013 and 4967/Del/2013. This Court had, by an order dated 09.04.2024, framed the following question for consideration: 5. In that view of the matter, we are of the opinion that ITA 801/2019 and ITA 798/2019 would merit being admitted on the following questions of law:- A. Whether on the facts a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ictive interpretation of the words belongs to as interpreted by this Court in Pepsico India Holdings (P.) Ltd. v. ACIT and Anr. (supra). The said decision in this regard does not hold good, in view of the legislative amendment to Section 153C of the Act brought by the Finance Act, 2015. Further, in the case of Income-tax Officer v. Vikram Sujitkumar Bhatia (supra), the Supreme Court has also authoritatively held that the same would be applicable to the searches conducted prior to the enactment of the Finance Act, 2015. Paragraph 11 of the said judgment is relevant and is set out below: 11. In view of the above and for the reasons stated above, the impugned common judgment and order passed by the High Court is held to be unsustainable and th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the said decision in favour of the Revenue. He submits that the other questions that were not decided by the Tribunal in view of its decision that the material found during the search did not belong to the assessee. And, the same require to be considered. The learned counsel for the Revenue also submits that in view of the above, it is necessary that the matter be remanded to the Tribunal to decide the remaining grounds as raised in the given appeals. 6. In view of the above, the impugned order is set aside and the appeals (ITA Nos. 4966/Del/2013 and 4967/Del/2013) are restored before the Tribunal for consideration of the remaining grounds raised by the assessee. 7. The present appeal is disposed of in the aforesaid terms. All pending appl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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