The Commissioner Of Income-Tax - Ii, Pune v. Shri Jayant M. Lunawat
High Court
05 Apr 2011 In favour of: Assessee
Forum / Bench
High Court · newos
Parties
The Commissioner Of Income-Tax - Ii, Pune v. Shri Jayant M. Lunawat
Date of order
05 Apr 2011
Assessment year(s)
—
Outcome
Dismissed
The order — as passed by the High Court
Case summary
In The Commissioner Of Income-Tax - Ii, Pune v. Shri Jayant M. Lunawat, the High Court (2011) dismissed the appeal. The decision went in favour of the assessee.
Decision: 4.In this view of the matter, the appeal is dismissed.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO.3206 OF 2009
(ITXA (L) No.1865 OF 2007)
The Commissioner of Income-Tax - II, Pune..Appellant.
Versus
Shri Jayant M. Lunawat
..Respondent.
Mr.Vimal Gupta for the appellant.Mr.Ajay Singh with Ms.Aarti Sathi & Ms.Manjiri Parasnis for the respondent.
CORAM : J.P. Devadhar & Smt.R.S. Dalvi, JJ.
P.C. :
DATE : 5[th] April, 2011.
1.Not on board. Taken up for admission by consent of both the parties.
2.The question raised in this appeal is; Where the Officer who was in possession of the seized material failed to record his satisfaction, as mandatorily required under Section 158BD of the Income Tax Act, 1961, can it be said that the said Assessing Officer has validly assumed jurisdiction under Section 158BD of the Act ?
3.The issue is covered against the Revenue by the decision of the
Apex court in the case of Manish Maheshwari V/s. Commissioner of Income Tax reported in (2007) 289 ITR 341 (SC).
4.In this view of the matter, the appeal is dismissed. No costs.
(Smt.R.S. Dalvi, J.)
(J.P. Devadhar, J.)
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