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Assessment order was quashed as search assessment should be computed u/s 153 instead of u/s 147

Case Law Details

Case Name
Karshni Metals Pvt. Ltd. Vs ITO (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2010-11
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Karshni Metals Pvt. Ltd. Vs ITO (ITAT Delhi) Conclusion: Since there was no failure on the part of assessee to fully and truthfully disclose material facts therefore, assessment under sections 147-148 was not valid as the specific provisions of Section 153C were deemed to take precedence over the general provisions of Section 147. Held:  Assessee appealed against an order under Section 250 passed by CIT(A) on the issue arose from an assessment made under Sections 147/143 by the ITO. CIT(A) upheld the addition of Rs. 1,00,00,000 made by AO under Section 68, regarding receipt of share applicati...
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