Issuance of Notice u/s 153C: Invalid Ab-Initio Without Incriminating Documents

DCIT Vs M.G. Metalloy Pvt. Ltd. (ITAT Delhi)

The appeal filed by the Revenue is against the order of the Commissioner of Income Tax (Appeals)-IV, Kanpur (“CIT(A)”) for the Assessment Year (“AY”) 2012-13. The main issue revolves around the legal validity of the notice issued under section 153C of the Income Tax Act, 1961.

Background

A search and seizure operation were conducted on 11.11.2014 in M/s. Apple Group of Companies (“AGC”). Certain incriminating materials were found and seized during the operation, which allegedly belonged to the assessee. Subsequently, a notice under section 153C was issued to the assessee.

Appeal to CIT(A)

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