Proceedings u/s 153A were initiated based on alleged ...

Firm's tax assessment cancelled due to lack of incriminating evidence from its premises.

Case Laws     Income Tax

October 26, 2024

Proceedings u/s 153A were initiated based on alleged incriminating material found during search, however, the material relied upon was a laptop recovered from Mumbai during a search operation against a different firm, not from the premises of the assessee. While the warrants of authorization u/s 132 were validly issued mentioning the registered office and partners of the assessee firm, no incriminating material was actually found from the assessee's premises to justify proceedings u/s 153A. The High Court held that in absence of any incriminating material recovered from the assessee's premises, the proceedings initiated u/s 153A could not be sustained and were therefore quashed.

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