Assessments u/s 153A for AYs 2012-13, 2013-14 & 2014-15 were ...

Improper income additions based on third party info; documentary evidence of source ignored.

December 20, 2024

Case Laws Income Tax AT

Assessments u/s 153A for AYs 2012-13, 2013-14 & 2014-15 were made based on statement of third party and material from search of third party, without any incriminating material found in assessee's case. As per SC ruling in Pr. CIT v. Abhisar Buildwell, such additions are impermissible u/s 153A. For abated AYs 2015-16 onwards, AO's powers aren't limited to incriminating material from search. However, where AO accepted assessee's explanation on source of funds based on documentary evidence in remand report, CIT(A) erred in brushing it aside without substantive reasons. Additions sustained by CIT(A) despite AO's findings in remand report are unsustainable.

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Assessments u/s 153A for AYs 2012-13, 2013-14 & 2014-15 were ...

Improper income additions based on third party info; documentary evidence of source ignored.

December 20, 2024

Case Laws Income Tax AT

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