Section 153A

Rationalisation of time limit for assessment in search cases

Income Tax - It is proposed to amend the time limit for completion of assessments made under section 153A or section 153C cases to bring it in sync with the new time limits provided for other cases. In order to simplify the provisions of existing section 1 53B by retaining only those provisions that are relevant to the current provisions of the Act, s...

Read More

Principles & Procedures of Assessment u/s 153C dealt comprehensively by Delhi HC

Income Tax - a person other than the person referred to in section 153A, then, the books of account or documents or assets, seized or requisitioned shall be handed over to the Assessing Officer having jurisdiction over such other person ] and that Assessing Officer shall proceed against ...

Read More

Restrictions on scope of Section 153A and Judicial pronouncements

Income Tax - Click here to join Online GST Certification Course Jointly by GST Professionals & Taxguru.in Introduction-: 1.    Search u/s 132 is the sharpest weapon in the hands of Income Tax Dept. Thus a sharpest weapon must be used with great care as well. The law, as developed, in relation to section 153A is with the SOLE […]...

Read More

Section 153C Assessment of income of a person other than the person in whose case search has been initiated

Income Tax - Click here to join Online GST Certification Course Jointly by GST Professionals & Taxguru.in Section 153C- Budget 2015- Assessment of income of a person other than the person in whose case search has been initiated or books of account, other documents or assets have been requisitioned Section 153C of the Act relates to assessment of [...

Read More

Budget 2014 – Assessment of income of a person other than the person who has been searched

Income Tax - Click here to join Online GST Certification Course Jointly by GST Professionals & Taxguru.in Section 153C of the Act relates to assessment of income of any other person. The existing provisions contained in sub-section (1) of the said section 153C provide that notwithstanding anything contained in section 139, section 147, section 148...

Read More
Sorry No Post Found

In absence of incriminating material found during search concluded assessments cannot be reopened U/s. 153A

Pr. Commissioner of Income Tax Vs. Meetu Gutgutia (Delhi High Court) - Click here to join Online GST Certification Course Jointly by GST Professionals & Taxguru.in A perusal of the common order of the ITAT shows that it first dealt with one common ground raised by the Assessee in all its appeals which concerned the jurisdictional issue of the validity of the invoca...

Read More

Assessment u/s 153A is Limited to search related income only

Principal Commissioner of Income Tax Vs Dipak J Panchal (Gujarat High Court at Ahmedabad) - It is held that the Assessing Officer while framing the assessment under Section 153A of the Act for the block period may make addition considering the incriminating material found for the year under consideration only which was collected during the search....

Read More

Concluded assessments cannot be disturbed in absence of any incriminating material

Smt.Binnaifer Kohli Vs Asstt. Commissioner of Income Tax (ITAT Mumbai) - In terms of section 153A of the Act, the already finalised assessment can only be disturbed if the search team has found some incriminating documents or material and which was relied upon by the AO at the time of framing the assessment or the addition is made in the order passed under section 143(3)...

Read More

Addition in Section 153A Assessment cannot sustain if no ‘Incriminating Material’ found during Search

Sri Krishna Ghosh Vs Asst. Commissioner of Income Tax (ITAT Kolkata) - Assessment under section 153A can be made on the basis of incriminating material which in the context of relevant provisions means books of account and other documents found in the course of search but not produced in the course of original assessment and undisclosed income or property disclosed dur...

Read More

Order u/s 143(3) r.w.s.153A Void if AO erred in assuming jurisdiction u/s 153A

Shri Fazal Sarang Vs DCIT (ITAT Mumbai) - AO's assumption of jurisdiction under section 153A of Income Tax Act,1961 and consequent passing of order of assessment u/s. 143(3) r.w.s. 153A is void if Assessing Officer erred in assuming jurisdiction u/s 153A...

Read More
Sorry No Post Found

Recent Posts in "Section 153A"

In absence of incriminating material found during search concluded assessments cannot be reopened U/s. 153A

Pr. Commissioner of Income Tax Vs. Meetu Gutgutia (Delhi High Court)

Click here to join Online GST Certification Course Jointly by GST Professionals & Taxguru.in A perusal of the common order of the ITAT shows that it first dealt with one common ground raised by the Assessee in all its appeals which concerned the jurisdictional issue of the validity of the invocation of Section 153A of […]...

Read More

Assessment u/s 153A is Limited to search related income only

Principal Commissioner of Income Tax Vs Dipak J Panchal (Gujarat High Court at Ahmedabad)

It is held that the Assessing Officer while framing the assessment under Section 153A of the Act for the block period may make addition considering the incriminating material found for the year under consideration only which was collected during the search....

Read More

Concluded assessments cannot be disturbed in absence of any incriminating material

Smt.Binnaifer Kohli Vs Asstt. Commissioner of Income Tax (ITAT Mumbai)

In terms of section 153A of the Act, the already finalised assessment can only be disturbed if the search team has found some incriminating documents or material and which was relied upon by the AO at the time of framing the assessment or the addition is made in the order passed under section 143(3) r.w.s.153A of the Act by referring to s...

Read More

Addition in Section 153A Assessment cannot sustain if no ‘Incriminating Material’ found during Search

Sri Krishna Ghosh Vs Asst. Commissioner of Income Tax (ITAT Kolkata)

Assessment under section 153A can be made on the basis of incriminating material which in the context of relevant provisions means books of account and other documents found in the course of search but not produced in the course of original assessment and undisclosed income or property disclosed during the course of search. ...

Read More

Order u/s 143(3) r.w.s.153A Void if AO erred in assuming jurisdiction u/s 153A

Shri Fazal Sarang Vs DCIT (ITAT Mumbai)

AO's assumption of jurisdiction under section 153A of Income Tax Act,1961 and consequent passing of order of assessment u/s. 143(3) r.w.s. 153A is void if Assessing Officer erred in assuming jurisdiction u/s 153A...

Read More

Search Assessment in absence of incriminating material not valid

M/s. Jaipuria Infrastructure Developers P. Limited vs. ACIT (ITAT Delhi)

Undisputedly the AO has not made assessment on the basis of incriminating material unearthed during search and seizure operation conducted u/s 132 rather proceeded u/s 153A of the Act on the basis of some pre-search enquiries to make an addition ...

Read More

Scope of assessment U/s.153A in absence of incriminating material

Pr.Cit Vs. Saumya Construction Pvt Ltd. (Gujarat High Court)

Under section 153A of the Act, an assessment has to be made in relation to the search or requisition, namely, in relation to material disclosed during the search or requisition. If in relation to any assessment year, no incriminating material is found, no addition or disallowance can be made ...

Read More

S. 153A Additions not based on incriminating material are invalid

DMA Investment P. Ltd. Vs DCIT (ITAT Delhi) (Delhi High Court)

The ITAT Delhi bench in the above cited case held that in case of completed assessment if notice u/s 153A is issued then addition can be made only on the basis of incriminating material found during the course of search....

Read More

Sec.153A Addition without incriminating material w.r.t. completed assessments not valid

M/s DMA Investment Pvt. Ltd. Vs DCIT (ITAT Delhi)

It is held that Completed assessments can be interfered with by the AO while making the assessment under Section 153 A only on the basis of some incriminating material unearthed during the course of search or requisition of documents or undisclosed income or property discovered in the course of search which were not produced or not alread...

Read More

Rationalisation of time limit for assessment in search cases

It is proposed to amend the time limit for completion of assessments made under section 153A or section 153C cases to bring it in sync with the new time limits provided for other cases. In order to simplify the provisions of existing section 1 53B by retaining only those provisions that are relevant to the current provisions of the Act, s...

Read More
Posted Under: Income Tax |
Page 1 of 712345...Last »

Browse All Categories

CA, CS, CMA (3,377)
Company Law (3,265)
Custom Duty (6,439)
DGFT (3,355)
Excise Duty (4,002)
Fema / RBI (3,177)
Finance (3,330)
Income Tax (24,536)
SEBI (2,667)
Service Tax (3,269)

Search Posts by Date

May 2017
M T W T F S S
« Apr    
1234567
891011121314
15161718192021
22232425262728
293031