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Commissioner of Income Tax - III Vs. M/s. Calcutta Knitwears, Ludhiana [12/03/14]

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[Civil Appeal No. 3958 of 2014 Special Leave Petition (C.) No.10542 of 2011]. [C.A. No.3959 of 2014 @ S.L.P. (C) No.11943 of 2011]. The issue that falls for our consideration and decision in all these appeals is: at what stage of the proceedings under Chapter XIV-B does the assessing authority require to record his satisfaction for issuing a notice under Section 158BD of the Income Tax Act, 1961 ('the Act' for short). Since the issue is common in all these appeals, after hearing the learned counsel for the parties to the lis, we dispose of all these appeals by this common order. For the purpose of disposal of these appeals, we take the Civil Appeal@ Special Leave Petition (Civil) No.10542 of 2011 as the lead case. Civil Appeal No.3958 of 2014 @S.L.P. (C) No.10542/2011. The respondent in this appeal is a firm engaged in manufacturing hosiery goods in the name and style of M/s. Calcutta Knitwears. A search operation under Section 132 of the Act was carried out in two premises of the Bhatia Group, namely, M/s. Swastik Trading Company and M/s. Kavita International Company on 05.02.2003 and certain incriminating documents pertaining to the assessee firm were traced in the said search.

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