The Commissioner of Income-tax-8 v. Atul Barot
[Citation -2017-LL-0712-2]
| Citation | 2017-LL-0712-2 |
|---|---|
| Appellant Name | The Commissioner of Income-tax-8 |
| Respondent Name | Atul Barot |
| Court | HIGH COURT OF BOMBAY |
| Relevant Act | Income-tax |
| Date of Order | 12/07/2017 |
| Assessment Year | 2003-04 |
| Judgment | View Judgment |
| Keyword Tags | scope of assessment • undisclosed income • initial assessment |
| Bot Summary: | P.C. 1 The present appeal pertains to Assessment year 2003 04. The present Appeal is filed by the Revenue on the following grounds : a) Whether on the facts and circumstances of the case and in law, the Hon'ble Tribunal was correct in narrowing down the scope of assessment u/s. 153A in respect of completed assessments by holding that only Gaikwad RD 1/3 ::: Uploaded on - 13/07/2017 ::: Downloaded on - 14/07/2017 09:45:25 :::ITXANo. 16902014 undisclosed income and undisclosed assets detected during search could be brought to tax 2 Mr.Pinto, the learned counsel for the Revenue submits that the Tribunal was in error in observing that assessment under Section 153A of the Act has to be restricted to the incriminating evidence/documents found during the search. According to the learned counsel, the Tribunal could not have answered issue of scope of Section 153A of the Act. 3 The learned counsel for the Respondent supports the Order and submits that the issue is covered by the Judgment of this Court in case of the Commissioner of Income Tax v. Continental Warehousing Corporation Ltd. reported in 2015 374 ITR 645. The said Judgment is further relied in the Judgment of this Court in the Commissioner of Income Tax v. Gurinder Singh Bawa in Income Tax Appeal No.1839 of 2013 delivered on 5th October 2015. |