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| The Tax Publishers2019 TaxPub(DT) 0895 (Del-Trib) : (2019) 197 TTJ 0502 INCOME TAX ACT, 1961
Section 153A
As sale deeds found at the time of search were same sale deeds which were considered by AO at the time of assessment proceedings under section 143(3), therefore, same could not be considered as incriminating material found during search so as to trigger section 153A. Therefore, assessment framed under section 153A was bad in law and that too in respect of completed assessment.
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Search and seizure - Assessment under section 153A - No incriminating material found during search -
During the course of search several sale deeds were seized which related to the purchases of land. AO, based thereon invoked section 153A and made disallowance. Assessee's case was that details of vendors from whom land was purchased along with copies of sale deeds of land were furnished for verification and after considering all that AO framed originally assessment which remained unabated on the date of search.Held: As sale deeds found at the time of search were same sale deeds which were considered by AO at the time of assessment proceedings under section 143(3), therefore, same could not be considered as incriminating material found during search so as to trigger section 153A. Therefore, assessment framed under section 153A was bad in law.
Relied:Kabul Chawla (2015) 281 CTR 45 (Del) : 2015 TaxPub(DT) 3486 (Del-HC) and Meeta Gutgutia 395 ITR 526. Distinguished:Mukundray K. Shah (2007) 290 ITR 433 (SC) : 2007 TaxPub(DT) 1150 (SC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. :
INCOME TAX ACT, 1961
Section 40A(3)
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