Notice u/s 148 Invalid When Based on Third-Party Search – Section 153C Applies

Atul Vijay Madan Vs DCIT (ITAT Pune) ITAT Pune Quashes Income Tax Addition Based on Wrong Legal Provision, Citing Section 153C over 148 This case involves an appeal by Atul Vijay Madan against an order from the Commissioner of Income Tax (Appeals) [NFAC] for the Assessment Year 2012-13. The primary dispute centered on an addition of ₹45 lakh to the assessee’s income, which the Assessing Officer (AO) had made under Section 69 of the Income Tax Act, 1961 (the Act). The addition was based on handwritten notes found on loose papers during a search conducted on a third party, Mr. Ramzan Kok...