Assessee and revenue filed appeals against the order of Tribunal in respect and addition and also challenging the validity of the search proceeding . Tribunal up held the addition though the name of the assessee was not mentioned in the search warrant on the ground that the assessee was physically present at premises of firm when search was conducted and he was actively involved in affairs of firm and continued to manage its affairs . Tribunal also noticed that materials were seized from premises, which would substantiate allegations made against assessee firm, so as to proceed against firm under provisions of Act . Tribunal upheld validity of search proceedings and also certain additions . (AY. 1992 -93, 1993 -94 )
CIT v. Chekkattu Chitty Funds (2020) 113 taxmann.com 604 (Ker) (HC) Editorial: SLP of assessee dismissed , Chekkattu Chitty Funds v. CIT (2020) 113 taxmann.com 606 / 269 Taxman 373 (SC)
S.132: Search and Seizure – Firm – Person actively involved in the activities of the firm – Search is held to be valid – Order of Tribunal is affirmed . [ S.40A(3), 68 )