Section 153A

Enforceability of Section 153A/ Section 153C –An Analysis

Income Tax - Section 153 A of the Income-tax Act, 1961 provides for the scheme of assessment of income in case of a searched person. In terms of the said section, the Assessing Officer can frame assessment of a searched person for six assessment years immediately preceding the year of search. One of such facet is whether while […]...

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Rationalisation of time limit for assessment in search cases

Income Tax - It is proposed to amend the time limit for completion of assessments made under section 153A or section 153C cases to bring it in sync with the new time limits provided for other cases. In order to simplify the provisions of existing section 1 53B by retaining only those provisions that are relevant to the current provisions of the Act, s...

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Principles & Procedures of Assessment u/s 153C

Income Tax - a person other than the person referred to in section 153A, then, the books of account or documents or assets, seized or requisitioned shall be handed over to the Assessing Officer having jurisdiction over such other person ] and that Assessing Officer shall proceed against ...

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Restrictions on scope of Section 153A and Judicial pronouncements

Income Tax - Introduction-: 1.    Search u/s 132 is the sharpest weapon in the hands of Income Tax Dept. Thus a sharpest weapon must be used with great care as well. The law, as developed, in relation to section 153A is with the SOLE objective to achieve the purpose of safeguarding the interest of revenue and the rights […]...

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Section 153C Assessment of income of a person other than the person in whose case search has been initiated

Income Tax - Section 153C- Budget 2015- Assessment of income of a person other than the person in whose case search has been initiated or books of account, other documents or assets have been requisitioned Section 153C of the Act relates to assessment of income of any other person. The existing provisions contained in sub-section (1) of the […]...

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S. 153A Assessment barred by limitation if order served after limitation period

Pankaj Sharma Vs DCIT (ITAT Delhi) - Assessment made by AO under section 153A was was barred by limitation as though assessment order was dated 28-3-2013, however, it was served on assessee on 18-4-2013, i.e., after expiry of period on which assessment order was liable to be time-barred as per section 153, i.e., 31-3-2013. ...

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Assessment u/s 153A in absence of incriminating material was not valid

Shri Raju J Soomaney Vs ACIT (ITAT Mumbai) - Since assessment originally made was unabated on the date of search and  assessment under section 153A was framed without any incriminating material found during the course of search,therefore, the same was not valid....

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Assessment U/s. 153C without mentioning assesse’s name in legal paper and non-establishment of nexus with searched party was invalid

DCIT Vs Abhishek Atlani (ITAT Raipur) - Since AO made addition under section 153 on the basis of documents seized in case of third party but without mentioning of assesse’s name in any legal paper and non-establishment of relationship with searched party, therefore, the same was invalid....

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Notice u/s 142(1) not become invalid on mere mention of section 153A unnecessarily

Bithal Dass Mundra Vs  DCIT (ITAT Jaipur) - Once assessee had undisputedly not filed the return of income U/s 139(1) then AO was well within his powers and jurisdiction to issue a notice U/s 142(1) requiring assessee to furnish return of income in the prescribed form and verified in prescribed manner, therefore, the notice issued u/s 142(1) w...

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Addition invalid when no incriminating material was unearthed during search

ACIT Vs Varun Beverages Ltd. (ITAT Delhi) - Addition in respect of completed assessments u/s 153A be made solely on the basis of post search enquiry when no incriminating material was unearthed during search is not valid. ...

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Section 153A’s Popular Posts

Recent Posts in "Section 153A"

S. 153A Assessment barred by limitation if order served after limitation period

Pankaj Sharma Vs DCIT (ITAT Delhi)

Assessment made by AO under section 153A was was barred by limitation as though assessment order was dated 28-3-2013, however, it was served on assessee on 18-4-2013, i.e., after expiry of period on which assessment order was liable to be time-barred as per section 153, i.e., 31-3-2013. ...

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Assessment u/s 153A in absence of incriminating material was not valid

Shri Raju J Soomaney Vs ACIT (ITAT Mumbai)

Since assessment originally made was unabated on the date of search and  assessment under section 153A was framed without any incriminating material found during the course of search,therefore, the same was not valid....

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Assessment U/s. 153C without mentioning assesse’s name in legal paper and non-establishment of nexus with searched party was invalid

DCIT Vs Abhishek Atlani (ITAT Raipur)

Since AO made addition under section 153 on the basis of documents seized in case of third party but without mentioning of assesse’s name in any legal paper and non-establishment of relationship with searched party, therefore, the same was invalid....

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Notice u/s 142(1) not become invalid on mere mention of section 153A unnecessarily

Bithal Dass Mundra Vs  DCIT (ITAT Jaipur)

Once assessee had undisputedly not filed the return of income U/s 139(1) then AO was well within his powers and jurisdiction to issue a notice U/s 142(1) requiring assessee to furnish return of income in the prescribed form and verified in prescribed manner, therefore, the notice issued u/s 142(1) was well within the framework of procedur...

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Addition invalid when no incriminating material was unearthed during search

ACIT Vs Varun Beverages Ltd. (ITAT Delhi)

Addition in respect of completed assessments u/s 153A be made solely on the basis of post search enquiry when no incriminating material was unearthed during search is not valid. ...

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Addition not justified in section 153A assessments where no incriminating material found

DCIT Vs United Stock Exchange of India Ltd. (ITAT Mumbai)

Additions could not be made in respect of assessments already completed if no incriminating material was found during search or during 153A proceedings....

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Return filed in response to notice U/s. 153A(1)(a) eligible for Section 139(3) benefits

Shrikant Mohta Vs CIT (Calcutta High Court)

Where no return was filed by assessee within statutory mandated time and the obligation to file any return remains suspended till such time that a notice was issued for such purpose under section 153A(1)(a), such return would be deemed to have been filed within the time permitted under section 139(1) and benefit under section 139(3) could...

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In absence of incriminating material Completed assessments could not be interfered by AO during assessment U/s. 153A

ATS Infrastructure Ltd. Vs ACIT (ITAT Delhi)

ATS Infrastructure Ltd. Vs ACIT (ITAT Delhi) Completed assessments can be interfered with while making assessment under section 153A only on the basis of some incriminating material unearthed during search or requisition of documents or undisclosed income or property discovered in the course of search which were not produced or not alread...

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Penalty cannot be imposed based on Original Return in Section 153A Assessment

M/s OSE Infrastructure Ltd. Vs ACIT (ITAT Delhi)

M/s OSE Infrastructure Ltd. Vs ACIT (ITAT Delhi) When the revised return is accepted and the income is assessed as per the revised income, there is no scope for penalty. In the case of Kirit Dahyabhai Patel vs ACIT, (2017) 80 Taxmann.com 162 (Guj), the Hon’ble High Court held that in view of specific provision of Section […]...

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Enforceability of Section 153A/ Section 153C –An Analysis

Section 153 A of the Income-tax Act, 1961 provides for the scheme of assessment of income in case of a searched person. In terms of the said section, the Assessing Officer can frame assessment of a searched person for six assessment years immediately preceding the year of search. One of such facet is whether while […]...

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