Itta/753/2014 Of Commissioner Of Income Tax-Ii v. M/S. Shouri Constructions

THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTISENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A No.753 of 2014 DATE: 23.01.2015 Between:The Commissioner of Income Tax – II,Hyderabad.… AppellantAndM/s. Shouri Constructions,Hyderabad. … Respondent This Court made the following: THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTISENGUPTAANDTHE HON’BLE SRI JUSTICE SANJAY KUMAR I.T.T.A.No.753 of 2014 JUDGMENT:(per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) This appeal is sought to be preferred and admitted against thejudgment and order of the learned Tribunal dated 28.06.2013 inrelation to the Assessment Year 2007-08, on the following suggestedquestions of law: 1.Whether, on the facts and in the circumstances ofthe case, the Appellate Tribunal is correct in law inholding that the assumption of jurisdiction underSection 153C of Income Tax Act, 1961 was invalidthereby declaring that the assessment orderpassed was without jurisdiction?the case, the Appellate Tribunal is correct in law inholding that the assumption of jurisdiction underSection 153C of Income Tax Act, 1961 was invalidthereby declaring that the assessment orderpassed was without jurisdiction? 2.Whether, on the facts and in the circumstances ofthe case, the Appellate Tribunal is correct in law inholding that the seized document cannot be said tobe belonging to the respondents assessee despitethe fact that the corroborative evidence gatheredby the Assessing Officer prove beyond doubt thatthe respondent assessee has entered into thetransaction mentioned in the seized document?the case, the Appellate Tribunal is correct in law inholding that the seized document cannot be said tobe belonging to the respondents assessee despitethe fact that the corroborative evidence gatheredby the Assessing Officer prove beyond doubt thatthe respondent assessee has entered into thetransaction mentioned in the seized document? The issue involved in this case is whether initiation ofproceedings against the assessee under Section 153C of the IncomeTax Act, 1961 (for short ‘the Act’) is legally valid or not. In other words,the pre-conditions for initiating the proceeding are not fulfilled. The learned Tribunal, after analyzing the fact and taking note ofthe judgment of the Tribunal on this issue, found that pre-conditionunder Section 153C of the Act was not satisfied and it was found thatthe seized document on the basis of which proceeding under Section 153C of the Act was initiated cannot be said to be belonging to theassessee. In that view of the matter, we are unable to interfere with thejudgment and order as we find that there is no element of law to bedecided in this appeal. The appeal is accordingly dismissed. No costs. _________________ K.J. SENGUPTA, CJ Date: 23.01.2015va _________________ SANJAY KUMAR, J