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Supreme Court of India 2018-04-24 dismissed

Tapan Kumar Dutta vs Commissioner of Income Tax, West Bengal

Bench: 2 — R.K. Agrawal

In Brief

The appellant, a partner in a searched firm, challenged a second notice issued under Section 158BD after refusing to accept a first notice under Section 158BC. The Supreme Court held that Section 158BC (applicable to searched entities) requires no prior satisfaction, but Section 158BD (applicable to third parties) requires the Assessing Officer to form satisfaction that undisclosed income belongs to someone other than the searched person. Since the first notice was issued before examining seized materials, it could not satisfy Section 158BD's requirement. The Assessing Officer correctly issued a fresh notice after recording proper satisfaction. The Court upheld the High Court judgment and dismissed the appeal.

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Income Tax Search and Seizure Assessment Procedure Block Assessment Undisclosed Income

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