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The Tax PublishersITA No. 1193, 1202, 1052 & 1194 of 2016
2019 TaxPub(DT) 3697 (Bom-HC)INCOME TAX ACT, 1961
Section 153C
Since there was no incriminating material found during the search on the basis of which the additions for any of the years under consideration could have been sustained, assessment under section 153C was rightly quashed by Tribunal.
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Search and seizure - Assessment under section 153C - Absence of incriminating material found during search -
Revenue challenged the order of Tribunal contending that Tribunal narrowed down scope of assessment under section 153C by holding that legislature has not provided for making assessment for all six years. Tribunal, according to revenue, wrongly held that that provisions of section 153C can be invoked only for assessment years in respect of which valuable, books of accounts/documents, etc. have been seized on requisitioned which have a bearing on determination of total income of the assessee. Held: Tribunal has come to the conclusion that, there was no incriminating material found during the search on the basis of which the additions for any of the years under consideration could have been sustained. In that view of the matter, keeping other conclusions of the Tribunal aside, the additions were correctly deleted. This view is taken by Delhi High Court in the case of CIT V. Kabul Chawla, no question of law had arisen.
Followed:CIT v. Kabul chawla (2016) 380 ITR 573 (Del.)
REFERRED :
FAVOUR : In assessee's favour
A.Y. :
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