2023 (8) TMI 1076

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..... come Tax - Penalty order u/s 270A - Non affording mandatory hearing in terms of the legal requirements under Section 274(1) - assessment order passed u/s 143(3) r.w.s. 153C - HELD THAT:- It is pointed out that for the purpose of initiating proceedings, there must be recovery of incriminatory material without which recourse cannot be had to Section 153C of the Act and that the only option availa .....

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..... , Advocate) ORDER The petition was dismissed for non-prosecution due to non-compliance of office objections. 2. During the pendency of I.A.-1/2023 for recalling the order of dismissal, the petitioner has complied the office objections. Accordingly, I.A.-1/2023 is allowed and the order of dismissal dated 19.06.2023 is recalled and the petition is restored to file. 3. Sri Dilip, lea .....

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..... t the Authority had no jurisdiction to invoke Section 153C of the Act. 6. It is pointed out that for the purpose of initiating proceedings, there must be recovery of incriminatory material without which recourse cannot be had to Section 153C of the Act and that the only option available under such circumstance would be to proceed for reassessment under Sections 147 to 148 of the Act. Reliance i .....

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