AO cannot assume jurisdiction u/s 153C in absence of incriminating material found during search

DCIT Vs Kohli Tent House (ITAT Delhi)

In the significant ruling Delhi Bench of ITAT confirmed the order passed by the CIT (A) who relied upon the decision of the Hon’ble Supreme Court in the case of Pr. CIT vs. Abhisar Buildwell Pvt. Ltd. and held that in absence of any incriminating material found during search, AO cannot assume jurisdiction U/s 153C and rightly rejected the order U/s 153C of the Act.

A search and seizure operation u/s. 132 was carried out in the case of assessee by the Investigation Wing, New Delhi on 03.05.2018. The cases of some persons were also cover

Please become a Premium member. If you are already a Premium member, login here to access the full content.