Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2023 (12) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (12) TMI 588 - CALCUTTA HIGH COURTValidity of assessment proceeding u/s 153A - as argued no incriminating document or materials have been found in course of search and seizure and impugned assessment proceeding relating to assessment year 2010-11 is barred by limitation on the basis of search and seizure held on 13th April, 2019 - HELD THAT:- Income Tax Authority could not satisfy with his submission or from record that any incriminating documents or materials were found against the petitioner in course of search and seizure in question or that the impugned assessment proceeding has been initiated before the expiry of limitation as provided under Section 153A explanation 1 of the Income Tax Act, 1961 and he also could not distinguish both the aforesaid judgments upon which Mr. Mazumder has relied either on facts or law. Considering the facts and circumstances of the case as appears from record and submission of the parties the impugned proceeding under Section 153A of the Act and all subsequent proceedings relating to assessment year 2010-11 on the basis of search and seizure dated 13th April, 2019 is not sustainable in law and accordingly the same were quashed.
|