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Assessment u/s 153A in absence of incriminating material found during search is unsustainable
Case Law Details
- Case Name
- A. Thripurasundari Vs DCIT (ITAT Chennai)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2008-09
- Courts
- All ITAT, ITAT Chennai
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A. Thripurasundari Vs DCIT (ITAT Chennai)
ITAT Chennai held that the scope of assessment after search u/s.153A of the Income Tax Act would be limited to the incriminating material/evidence found during the course of search.
Facts- The first issue raised by assessee in this appeal is against the order of CIT(A) confirming the action of AO in completing assessment u/s.143(3) r.w.s. 153A of the Act in the absence of any incriminating material forming part of the search records indicating generation of undisclosed income.
Conclusion- Hon’ble Bombay High Court in the case of CIT vs. SKS Ispat &am...
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