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| The Tax Publishers2019 TaxPub(DT) 8198 (Ctk-Trib) : (2019) 076 ITR (Trib) 0381 INCOME TAX ACT, 1961
Section 153C
Where seized documents did not belong to assessee and no incriminating documents/materials were seized from other persons, who were being assessed under section 153C read with section 143(3), therefore, no sustainable addition can be made in hands of other persons.
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Search and seizure - Assessment under section 153C - Absence of incriminating material seized from searched parties -
Assessee contended that in absence of nexus, linkage, connection or corroboration between seized materials/documents and subject additions in order passed under section 153C was not based on the seized materials and therefore, same was not maintainable in law. Held: Undisputedly, seized documents did not belong to assessee and no incriminating documents/materials were seized from other persons, which were being assessed under section 153C read with section 143(3), then no sustainable addition can be made in the hands of other persons in such assessment year. Following decision of Supreme Court in case of Sinhgad Technical Education Society , addition made by AO had no legs to stand on premises of relevant legal provisions of section 153C.
REFERRED :
FAVOUR : In assessee's favour
A.Y. :
IN THE ITAT, CUTTACK BENCH
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