Assessment u/s 153A - Validity examined. Assessments cannot be ...

Assessments u/s 153A Need Incriminating Material; Reopening Requires Seized Evidence, Not Just Statements.

August 2, 2024

Case Laws Income Tax AT

Assessment u/s 153A - Validity examined. Assessments cannot be framed without incriminating material found during search u/s 132. Completed assessments u/s 143(3) cannot be reopened u/s 153A without relevant seized material. Assessing Officer directed to examine relevance of seized material for assessment years 2011-12 and 2012-13. Jurisdiction u/s 132(1) upheld considering retrospective amendment. Assessee entitled to revise position, additions cannot be solely based on statement u/s 132(4) without corroborative evidence. Additional evidence admitted, Assessing Officer to re-examine in light of new evidence. Approval u/s 153D not found mechanical. Notice u/s 153A for assessment years 2011-12 and 2012-13 may be barred by limitation, matter restored to Assessing Officer to decide after examining handover date of seized documents.

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Assessment u/s 153A - Validity examined. Assessments cannot be ...

Assessments u/s 153A Need Incriminating Material; Reopening Requires Seized Evidence, Not Just Statements.

August 2, 2024

Case Laws Income Tax AT

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