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Income Tax - Highlights / Catch Notes

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Reopening of assessment u/s 147 or assessment u/s 153C - ...


Reassessment Order Quashed Due to Incorrect Legal Section; Section 153C Should Apply, Not Section 147.

April 6, 2024

Case Laws     Income Tax     AT

Reopening of assessment u/s 147 or assessment u/s 153C - reassessment was made based on the materials found in the course of search conducted on third party - The tribunal allowed the appeal, quashing the reassessment order dated March 28, 2016, on the grounds that the reassessment was conducted under an incorrect section of the law. It held that if the reassessment was based on incriminating materials found in the course of a third party's search, it should have been conducted under Section 153C rather than Section 147.

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