Section 153C

No addition based on mere confidential information submitted before Settlement Commission

Income Tax - Addition cannot be made on the basis of mere confidential information submitted before Settlement Commission without incriminating material found in search and seizure to support addition....

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Tax Assessment: ‘Evidence Which Reveals’ : A New Conundrum?

Income Tax - NEW REASSESSMENT PROCEDURE 1. Introduction: In the film JOLLY LLB, the judge, unforgettably played by actor Saurabh Shukla, in the concluding speech while delivering his judgment says: ‘But I am the judge. who knows what, what I feel, judgment cannot be given on that basis. I HAVE TO GIVE JUDGMENT ON THE BASIS OF EVIDENCE. […]...

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All about Appeal to Income Tax Appellate Tribunal (ITAT)

Income Tax - rticle discusses about Appealable orders in case of appeal by the taxpayer, Appealable orders in case of appeal by the Commissioner, Appeal not to be filed by the department in certain cases, Time- limit for presenting appeal, Form and signature, Memorandum of cross objection, Documents to be submitted with appeal, Fees for filing the app...

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New Procedure for Income escaping & search assessments

Income Tax - Under the Act, the provisions related to income escaping assessment provide that if the Assessing Officer has reason to believe that any income chargeable to tax has escaped assessment for any assessment year, he may assess or reassess or re­compute the total income for such year under section 147 of the Act by issuing a […]...

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Income Tax Search & Seizure Assessments & Settlement Commission

Income Tax - Finance Bill 2021- Paradigm Shift In The Provisions Relating To Income Tax Search And Seizure Assessments And Income Tax Settlement Commission Introduction:- The Hon’ble Union Finance Minister Nirmala Sitharaman has presented the Union Budget 2021 of India on the 1st of February, 2021. Budget 2021 is aimed at reviving an economy that pl...

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AO cannot treat trading liabilities as unproved on presumptions 

Smt. G. Vijaya Vs DCIT (ITAT Bangalore) - It is well settled proposition of law that the apprehension, howsoever strong, cannot substitute material evidences. A.O. was not justified in treating part of liabilities as unproved on presumptions, surmises and conjectures...

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AO unjustified in assuming jurisdiction for year not covered in 6 year Block period

K.S. Nutrition and Food Pvt. Ltd. Vs ITO (ITAT Delhi) - K.S. Nutrition and Food Pvt. Ltd. Vs ITO (ITAT Delhi) Assessee, inter alia, submitted that the Assessing Officer was not justified in assuming jurisdiction u/s. 153C of the Act in the present case, as the assessment year under consideration does not come within the compass of the block of six assess...

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AO cannot assume Section 153C jurisdiction in absence of incriminating documents

Neesa Technologies Pvt. Ltd. Vs DCIT (ITAT Ahmedabad) - Neesa Technologies Pvt. Ltd. Vs DCIT (ITAT Ahmedabad) Since the proceedings u/s. 153C of the Act were initiated in the present case on the basis of documents which we have held above neither belonged to the assessee nor were incriminating in nature, they were not sufficient for assuming jurisdiction...

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Section 148 Assessment instead of under Section 153A/153C- HC Grants Stay

Tirupati Construction Company Vs Income Tax Office & Anr. (Rajasthan High Court) - The pertinent assertion of learned counsel Shri Gargieya is that the assessing authority could not have adopted the procedure provided under Section 148 of the Income Tax Act for reopening the assessment of the petitioner because such action was taken on the basis of facts revealed to the assessing ...

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Section 153C addition should be based on Incriminating Materials Found During Search

Ashok Kumar Tyagi Vs ACIT (ITAT Delhi) - Ashok Kumar Tyagi Vs ACIT (ITAT Delhi) ITAT held that the addition of agricultural income as income from other sources was not based on any incriminating/seized material found as a result of search. Even, the disallowance of loss claimed against house property income is also not with reference to an...

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Government extends timelines for Income Tax Assessment (Read Notification)

Notification No. 38/2021-Income Tax/S.O. 1703(E) - (27/04/2021) - Central Government has decided to extend the time limits to 30th June, 2021 in the following cases where the time limit was earlier extended to 30th, April 2021 through various notifications issued under the Taxation and Other Laws (Relaxation) and Amendment of Certain Provisions Act, 2020, namely:-...

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Selection of Case of Search Years in ITBA Assessment module

TBA - Assessment Instruction No. 12 - (12/09/2019) - Availability of Miscellaneous Functionalities related to ‘Selection of Case of Search Year’ and ‘Relevant Search Years’ in Assessment module of Income Tax Business Application (ITBA)- reg. ITBA – Assessment Instruction No. 12 DIRECTORATE OF INCOME TAX (SYSTEM) ARA Cente...

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Section 153C’s Popular Posts

Recent Posts in "Section 153C"

AO cannot treat trading liabilities as unproved on presumptions 

Smt. G. Vijaya Vs DCIT (ITAT Bangalore)

It is well settled proposition of law that the apprehension, howsoever strong, cannot substitute material evidences. A.O. was not justified in treating part of liabilities as unproved on presumptions, surmises and conjectures...

Read More

AO unjustified in assuming jurisdiction for year not covered in 6 year Block period

K.S. Nutrition and Food Pvt. Ltd. Vs ITO (ITAT Delhi)

K.S. Nutrition and Food Pvt. Ltd. Vs ITO (ITAT Delhi) Assessee, inter alia, submitted that the Assessing Officer was not justified in assuming jurisdiction u/s. 153C of the Act in the present case, as the assessment year under consideration does not come within the compass of the block of six assessment years, if it is […]...

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AO cannot assume Section 153C jurisdiction in absence of incriminating documents

Neesa Technologies Pvt. Ltd. Vs DCIT (ITAT Ahmedabad)

Neesa Technologies Pvt. Ltd. Vs DCIT (ITAT Ahmedabad) Since the proceedings u/s. 153C of the Act were initiated in the present case on the basis of documents which we have held above neither belonged to the assessee nor were incriminating in nature, they were not sufficient for assuming jurisdiction u/s. 153C of the Act. The […]...

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Section 148 Assessment instead of under Section 153A/153C- HC Grants Stay

Tirupati Construction Company Vs Income Tax Office & Anr. (Rajasthan High Court)

The pertinent assertion of learned counsel Shri Gargieya is that the assessing authority could not have adopted the procedure provided under Section 148 of the Income Tax Act for reopening the assessment of the petitioner because such action was taken on the basis of facts revealed to the assessing authority during the assessment of DRA G...

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No addition based on mere confidential information submitted before Settlement Commission

ACIT Vs Smt. Renu Sehgal (ITAT Jaipur)

Addition cannot be made on the basis of mere confidential information submitted before Settlement Commission without incriminating material found in search and seizure to support addition....

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Section 153C addition should be based on Incriminating Materials Found During Search

Ashok Kumar Tyagi Vs ACIT (ITAT Delhi)

Ashok Kumar Tyagi Vs ACIT (ITAT Delhi) ITAT held that the addition of agricultural income as income from other sources was not based on any incriminating/seized material found as a result of search. Even, the disallowance of loss claimed against house property income is also not with reference to any seized material. It is a […]...

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No addition can be made in section 153C assessment if AO not referred any incriminating material in his order

PCIT Vs Vikas Telecom Ltd (Delhi High Court)

PCIT Vs Vikas Telecom Ltd (Delhi High Court) In this case the learned Assessing Officer while farming the assessment order has not referred to any seized documents belonging to the assessee found during the course of search proceedings. In the remand proceedings the learned Assessing Officer has also submitted that no any incriminating ma...

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Assessment to be made u/s 153C instead of u/s 147 in case of Search assessment

Samanthapudi Lavanya Vs ACIT (ITAT Visakhapatnam)

Since no fresh information was collected by AO or no information had come to the notice of AO in normal course, other than the information collected during the course of search from searched person therefore, as provided under sections 153A and 153C, search assessments was required to be made under section 153A or section 153C, but not un...

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‘Sufficient cause’ should be liberally interpreted for condonation of delay

A.C.I.T Vs Ganpati Developers (ITAT Jaipur)

If the party who is seeking condonation of delay has not acted in malafide manner and reasons explained are factually correct then the Court should be liberal in construing the sufficient cause and lean in favour of such party....

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Section 153C order passed without disposing objection of Assessee Violates principle of natural justice

Bajrang Tea Manufacturing Company Private Limited Vs Union of India (Calcutta High Court)

Bajrang Tea Manufacturing Company Private Limited Vs Union of India (Calcutta High Court) I am of the view that a very short issue, according to me, involved in these writ petition is as to whether before passing the aforesaid impugned assessment orders, the objections/representations made by the petitioners against the initiation of impu...

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