Section 153A

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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Budget 2014 – Assessment of income of a person other than the person who has been searched

Income Tax - Section 153C of the Act relates to assessment of income of any other person. The existing provisions contained in sub-section (1) of the said section 153C provide that notwithstanding anything contained in section 139, section 147, section 148, section 149, section 151 and section 153, where the Assessing Officer is satisfied that any mon...

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No addition in Section 153A assessment for unexplained share capital In absence of incriminating material

M/s. Garg Brothers Pvt. Ltd. Vs DCIT (ITAT Kolkata) - In respect of assessments completed prior to date of search that have not abated, the scope of proceedings under section 153A has to be confined only to material found during search. As no material, whatsoever, was found in the course of search, question of making addition on account of unexplained ...

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Assessment U/s. 153A-No incriminating material- No Addition can be made

DCIT Vs Sopariwala Exports (ITAT Mumbai) - Completed assessments can be interfered with by AO while making assessment under section 153A only on the basis of some incriminating material found during the course of search. Since no incriminating material was unearthed during the search, no additions could have been made to the income already a...

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JCIT cannot give Approval U/s. 153D in a mechanical way

Indra Bansal & Ors. Vs ACIT (ITAT Jodhpur) - Joint Commissioner has failed to grant approval in terms of section 153D of the Act i.e., after application of mind but has rather carried out exercise in utmost haste and in a mechanical manner and, therefore, the approval so granted by him is not an approval which can be sustained. ...

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Notice not become invalid for Mere mention of wrong section i.e. 153A instead of 153C

Dy. CIT Vs K.M. Nagaraj (ITAT Bangalore) - The only mistake on the part of AO was in mentioning section 153A, instead of section 153C. If this mistake was not allowed to be cured, the very purpose and object of enacting section 292B would be defeated as impugned notice in substance and effect, was in conformity with or according to the inte...

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Assessment u/s. 153A cannot be framed if no incriminating material found during search

Asstt Vs Maruti Clean Coal & Power Ltd. (ITAT Raipur) - Asstt Vs Maruti Clean Coal & Power Ltd. (ITAT Raipur) There is no dispute that no incriminating material has been found at the time of search and therefore it is now settled proposition of law that no assessment u/s. 153A of the Act can be framed in the absence of any incriminating material fou...

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Section 153A’s Popular Posts

Recent Posts in "Section 153A"

No addition in Section 153A assessment for unexplained share capital In absence of incriminating material

M/s. Garg Brothers Pvt. Ltd. Vs DCIT (ITAT Kolkata)

In respect of assessments completed prior to date of search that have not abated, the scope of proceedings under section 153A has to be confined only to material found during search. As no material, whatsoever, was found in the course of search, question of making addition on account of unexplained share capital could not have been the su...

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Assessment U/s. 153A-No incriminating material- No Addition can be made

DCIT Vs Sopariwala Exports (ITAT Mumbai)

Completed assessments can be interfered with by AO while making assessment under section 153A only on the basis of some incriminating material found during the course of search. Since no incriminating material was unearthed during the search, no additions could have been made to the income already assessed....

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JCIT cannot give Approval U/s. 153D in a mechanical way

Indra Bansal & Ors. Vs ACIT (ITAT Jodhpur)

Joint Commissioner has failed to grant approval in terms of section 153D of the Act i.e., after application of mind but has rather carried out exercise in utmost haste and in a mechanical manner and, therefore, the approval so granted by him is not an approval which can be sustained. ...

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Notice not become invalid for Mere mention of wrong section i.e. 153A instead of 153C

Dy. CIT Vs K.M. Nagaraj (ITAT Bangalore)

The only mistake on the part of AO was in mentioning section 153A, instead of section 153C. If this mistake was not allowed to be cured, the very purpose and object of enacting section 292B would be defeated as impugned notice in substance and effect, was in conformity with or according to the intent and purpose of the Act....

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Assessment u/s. 153A cannot be framed if no incriminating material found during search

Asstt Vs Maruti Clean Coal & Power Ltd. (ITAT Raipur)

Asstt Vs Maruti Clean Coal & Power Ltd. (ITAT Raipur) There is no dispute that no incriminating material has been found at the time of search and therefore it is now settled proposition of law that no assessment u/s. 153A of the Act can be framed in the absence of any incriminating material found at the […]...

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Addition on the basis of dumb/bald documents not sustainable

Shri Neeraj Goel Vs. ACIT (ITAT Delhi)

This appeal filed by the assessee against the order of the Ld. CIT(A)-XXVI, New Delhi dated 21.8.2017 and pertains to assessment year 2009-10....

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Addition made U/s. 153A merely on the basis of bank pass book are not sustainable

Nanoomal Gupta Vs. ACIT (ITAT Agra)

Because in any view, the addition made u/s 68 of Rs.10,00,000/- of amount of gifts received (Rs.5,00,000/-+ Rs.5,00,000/-) in the Assessment u/s 153A without having any adverse material, and by not appreciating the evidences on record, the addition confirmed by ld. CIT(A) is grossly unjust, arbitrary, and against the facts and law of the...

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In absence of incriminating material Assessment U/s. 153A is without jurisdiction and additions are not sustainable

SVIL Mines Ltd. Vs DCIT (ITAT Delhi)

We find that the additions made by the assessing officer are beyond the scope of section 153A of the Income Tax Act, 1961, because no incriminating material or evidence had been found during the course of search so as to doubt the transactions....

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In case of rejection of books only AO can made addition only by way of Income estimation

Dy. CIT Vs Sree Nagendra Constructions & Ors. (ITAT Hyderabad)

ITA No. 202/Hyd/2015 is the appeal filed by M/s. Sree Nagendra Constructions for the assessment year 2011-12, while ITA No. 167/Hyd/2015 is the appeal filed by the Revenue against the relief granted to M/s. Sree Nagendra Constructions for the assessment year 2009-10....

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No addition in case of unabated assessment which had attained finality on search date if no incriminating material found during search

Anurag Dalmia Vs DCIT (ITAT Delhi)

Anurag Dalmia Vs DCIT (ITAT Delhi) In the case of the unabated assessment which had attained finality on the date of search, which are reckoned as unabated assessments, no addition over and above the originally assessed income can be made sans any incriminating material found or unearthed during the course of search. The principle reitera...

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