LAWS(SC)-2023-4-3

INCOME TAX OFFICER Vs. VIKRAM SUJITKUMAR BHATIA

Decided On April 06, 2023
INCOME TAX OFFICER Appellant
V/S
Vikram Sujitkumar Bhatia Respondents

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned common judgment and order dtd. 2/4/2019 passed by the High Court of Gujarat in Special Civil Application No. 18777 of 2018 and other connected matters, as well as the impugned judgment(s) and order(s) passed by the High Court of Gujarat in other special civil applications relying upon its earlier decision in the aforesaid case, whereby the High Court has quashed the notice under Sec. 153C of the Income Tax Act, 1961 (hereinafter referred to as "Act, 1961") issued to the respondent - assessee - respondents herein and set aside consequent Assessment Orders (where assessment stood completed) by holding that Sec. 153C of the Act, 1961 (as amended by Finance Act, 2015) would not apply to searches under Sec. 132 of the Act, 1961 initiated before the date of amendment, the Revenue has preferred the present appeals.

(2.) At the outset, it is required to be noted that the question of law that arises for the consideration of this Court is :-

(3.) For the sake of convenience, the Civil Appeal arising out of the impugned judgment and order passed by the High Court in Special Civil Application No. 12825 of 2018 is considered and treated as the lead matter and the facts in the said writ petition are narrated, which in nutshell are as under:-