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Income Tax - Highlights / Catch Notes

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Assessment u/s 153A - The impugned assessment order refers only ...


Court Rules Assessment Order u/s 153A Invalid Due to Lack of Jurisdiction; No Incriminating Evidence Found.

August 14, 2021

Case Laws     Income Tax     HC

Assessment u/s 153A - The impugned assessment order refers only to the cash book found during the survey purportedly conducted on 12th February, 2016 i.e. two weeks prior to the date of search. The Panchanama of the search proceedings unambiguously shows that nothing incriminating was recovered in the course of the search. Even in the counter affidavit of the Opposite Parties does not dispute this position. - In view of the settled legal position the Court has no hesitation in concluding that the impugned assessment order is entirely without jurisdiction - HC

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