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Search Incriminating Material Requires Proceedings Under Section 153C, Not 147/148
Case Law Details
- Case Name
- DCIT Vs Sh. Kailash Chand Hirawat (ITAT Jaipur)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2011-12
- Courts
- All ITAT, ITAT Jaipur
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DCIT Vs Sh. Kailash Chand Hirawat (ITAT Jaipur)
In the case of DCIT vs. Kailash Chand Hirawat, ITAT Jaipur upheld that when incriminating material related to an assessee is found during a third-party search under Section 132, the department must proceed under Section 153C rather than Sections 147/148. The case involved a reassessment for AY 2011-12 based on seized documents from a search on the Ramesh Manihar Group, leading to additions of ₹3.61 crore and ₹17.93 lakh. The CIT(A) set aside the reassessment order, citing a Rajasthan High Court ruling in Shyam Sunder Khandelwal v. ACIT, which...
