Law:

Section:

Section 153C of the Income-tax Act, 1961 - Assessment of income of any other person - Assessment years 2001-02 to 2006-07 Condition precedent for issuing notice under section 153C and assessing or reassessing income of 'such other person' is that money, bullion, jewellery or other valuable article or thing or books of account or documents seized or requisitioned should belong to such person; where admittedly documents in question, namely, three loose papers recovered during search proceedings did not belong to petitioner, though there was a reference to petitioner therein, issue of notice to petitioner under section 153C was not valid [In favour of assessee] The condition precedent for issuing notice under section 153C and assessing or reassessing income of such other person is that the money, bullion, jewellery or other valuable article or thing or books of account or documents seized or requisitioned should belong to such person. If the said requirement is not satisfied, resort cannot be had to the provisions of section 153C. A search was conducted under section 132 at the premises of a Co-operative Housing Society and Savvy Ltd. During the course of search, certain documents pertaining to the petitioner were also found and seized. It was on the basis of these documents that notices under section 153C had been issued against the petitioner. Held that, admittedly the documents in question, namely, the three loose papers recovered during the search proceedings did not belong to the petitioner though there was a reference to the petitioner inasmuch as his name was reflected in the list under the heading Samutkarsh members details' and certain details were given under different columns against the name of the petitioner along with other members. However, it was nobody's case that the said documents belonged to the petitioner. It was not even the case of revenue that the said three documents were in the handwriting of the petitioner. In the circumstances, when the condition precedent for issuance of notice was not fulfilled any action taken under section 153C stood vitiated. Mrs. Swati Soparkar for the Petitioner Manish R. Bhatt and Mrs. Mauna M. Bhatt for the…

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