INCOME TAX ACT, 1961

Section 153A

Search and seizure - Assessment under section 153A - Absence of incriminating material found during search action -

Assessee contended that time limit for issuance of notice under section 143(2) had elapsed at time of search proceedings undertaken. Further, assessments under section 153A was not based on documents unearthed during course of search and seizure operation. Held: It was an admitted fact that time limit for issue of notice under section 143(2) and completion of the assessment already lapsed as on date of search. Also, additions made by AO were not based on incriminating material found during course of search, albeit was based on other record not related to material found during search. In such a situation, additions made were beyond scope of proceedings under section 153A.

REFERRED :

FAVOUR : In assessee's favour

A.Y. :

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