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| The Tax Publishers2020 TaxPub(DT) 2934 (Mum-Trib) INCOME TAX ACT, 1961
Section 153A
Material found in search in hands of persons other than assessee could not give jurisdiction of assessment under section 153A in case of assessee. If AO was referring to search material found in other cases, assessment in the hands of assessee was to be framed under section 153C,with requisite requirements as per law.
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Search and seizure - Assessment under section 153A - Search in case of assessee other than assessee -
AO pursuant to search conducted at assessee's premises framed assessment under section 153A and made addition referring to search material found in other cases. Assessee challenged this on the ground of no incriminating material found during search in assesse's case. Held: Material found in search in hands of persons other than assessee could not give jurisdiction of assessment under section 153A in case of assessee. If AO was referring to search material found in other cases, assessment in the hands of assessee was to be framed under section 153C, with requisite requirements as per law. It was manifestly clear that assessment for year under consideration was not pending at the time of search. Hence, assessment for that assessment year did not abate. Hence, no addition under section 153A was permissible without incriminating material found during search.
REFERRED : CIT v. Continental warehousing Corporation (Nhava Sheva) (IT Appeal 523 of 2013 : 2015 TaxPub(DT) 2182 (Bom-HC) and CIT v. Sinhgad Technical Education Society (Civil Appeal No. 11080 of 2017) : 2017 TaxPub(DT) 3941 (SC).
FAVOUR : In assessee's favour.
A.Y. :
IN THE ITAT, MUMBAI BENCH
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