Statement recorded u/s 133A not an incriminating material

ACIT Vs Arun Agarwal (ITAT Lucknow)

ITAT Lucknow held that statement recorded u/s 133A of the Income Tax Act is not an incriminating material for the purpose of making search assessment u/s 153A.

Facts-

The assessees mainly filed the petitions under Rule 27 whereby it has taken a ground that approval given by Jt. CIT u/s 153D of the Act to the order passed u/s 153A is without application of mind and hence the order passed u/s 153A is non-est and void ab initio and same may be quashed.

Conclusion-

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