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Section 153A Assessment -Incriminating material whether necessarily be discovered?
Case Law Details
- Case Name
- CIT Vs K.P. Ummer (Kerala High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2003-04 to 2004-05
- Courts
- All High Courts, Kerala High Court
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CIT Vs K.P. Ummer (Kerala High Court)
When a notice under Section 153A is issued, it enables the department to carry out re-assessment or assessment with respect to the six immediate prior years and the year in which the search is carried out. This does not require any incriminating material recovered on search relating to those prior years; in which there is no time left, on the date of search, for an assessment under Section 143. The provision under Section 153A is a non obstante clause having overriding effect over Sections 139, 147, 158, 149, 151 and 153. The intention of the legislature i...
