Itta/266/2013 Of The Commissioner Of Income Tax (Central), Hyderabad v. M/S. Hyderabad House Pvt.ltd

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH,HYDERABAD THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAAND THE HON’BLE Ms. JUSTICE G. ROHINI I.T.T.A. No. 266 of 2013 DATE: 12.07.2013 Between: The Commissioner of Income Tax (Central),Hyderabad. … Appellant And M/s. Hyderabad House Pvt., Ltd.,Hyderabad. … Respondent This court made the following: THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDTHE HON’BLE Ms. JUSTICE G. ROHINI I.T.T.A. No. 266 of 2013 JUDGMENT:(Per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) This appeal is preferred and sought to be admitted on the following suggested question of law. “Whether on the facts and circumstances of the case, the Tribunal iscorrect in law in holding that the computation of undisclosed income u/s.153A/153C of the Act should be confined only to the material found during thecourse of search proceedings?” In our opinion, the aforesaid question is very vague, as the undisclosedincome shall be computed always on the basis of the material, which is foundduring the course of search. No material, which was disclosed at the time ofregular assessment or block assessment period, can be relied on to arrive atthe undisclosed income. The learned counsel for the appellant has drawnour attention to Section 158BI of the Income Tax Act, 1961, which reads asunder: “158BI. The provisions of this chapter shall not apply where a searchis initiated under Section 132, or books of account, other documents or anyassets are requisitioned under Section 132A after the 31[st] day of May, 2003.” In this present appeal, there is no statement or averment that the searchwas initiated under Section 132 or books of account, other documents or anyassets are requisitioned under Section 132A. Therefore, there is no illegalityor infirmity in the judgment and order of the learned Tribunal warrantinginterference of this Court. The appeal is accordingly dismissed. ______________________ Date: 12.07.2013ES _______________ G. ROHINI, J