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| The Tax Publishers2020 TaxPub(DT) 1298 (Ind-Trib) INCOME TAX ACT, 1961
Section 153C
As per section 143(3) read with section 153C, addition can be made only based on document found and seized from the premises of person searched. But in the instant case, AO did not make any addition based on documents as found and seized. However, addition made was based on Investigation Report of Ahmedabad in respect to client code modification. Therefore, order as passed under section 143(3) read with section 153C was null and void because assessment for the concerned year was concluded and non abated assessment.
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Search and seizure - Assessment under section 153C - No incriminating was found from the premises of person searched - Unabated assessment
AO pursuant to search conducted in case of certain party, initiated section 153C proceedings in assessee's case and made addition on account of client code modification by the broker . Assessee challenged this on the ground of no incriminating was found from the premises of person searched. Held: As per section 143(3) read with section 153C, addition can be made only based on document found and seized from the premises of person searched. But in the instant case, AO did not make any addition based on documents as found and seized. However, addition was made on the basis of Investigation Report of Ahmedabad in respect to client code modification. Accordingly, order as passed under section 143(3) read with section 153C was null and void because assessment for the concerned year was concluded and non abated assessment.
Supported:CIT v. Kabul Chawla (2016) 380 ITR 573 (Delhi) : 2015 TaxPub(DT) 3486 (Del-HC)CIT v. RRJ Securities Ltd. (2016) 380 ITR 612 (Delhi) : 2015 TaxPub(DT) 4278 (Del-HC) Sanjay Agrawal v. DCIT (2014) 150 ITD 692 (Delhi) : 2014 TaxPub(DT) 4095 (Del-Trib) Pr CIT v. Meeta Gutgutia [ITA No. 306/2017, dt. 25-5-2017] : 2017 TaxPub(DT) 1767 (Del-HC)
REFERRED :
FAVOUR : in assessee's favour
A.Y. :
IN THE ITAT, INDORE BENCH
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