Wrong Invocation of Section 153C- ITAT Quashes Assessments Where Assessee Was Himself Searched

Keelukote Venkatappa Jayaram Vs DCIT (ITAT Bangalore) The assessee was subjected to assessments under Section 153C for AYs 2011–12 to 2016–17 based on documents seized during a search. However, the ITAT found that the search was actually conducted at the assessee’s own premises, and all incriminating materials were seized from him. The Tribunal held that in such circumstances, the assessee is a “searched person”, and therefore, proceedings ought to have been initiated under Section 153A, not Section 153C (which applies only to “other persons”). The AO’s classification of the as...