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Supreme Court of India 2020-03-05 dismissed

M/S SUPER MALLS PRIVATE LIMITED vs PRINCIPAL COMMISSIONER OF INCOME TAX 8, NEW DELHI

Bench: 2 — Ashok Bhushan, M.R. Shah

In Brief

M/s Super Malls Private Limited sought to challenge income tax proceedings initiated under Section 153C of the Income Tax Act based on documents seized from a director's residence. The key issue was whether the Assessing Officer complied with mandatory procedural requirements of Section 153C when recording a satisfaction note that the seized documents belonged to the company. The Supreme Court held that where one Assessing Officer handles both the searched person (the director) and the third party (the company), a single satisfaction note clearly stating the seized documents belong to the third party satisfies the statutory requirement. The Court affirmed the High Court's decision and dismissed the appeals, requiring the tribunal to decide the case afresh on merits."

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Income Tax Search and Seizure Procedural Compliance Assessment Law

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