INCOME TAX ACT, 1961

Section 153C

Search and seizure - Assessment under section 153C - Incriminating material found during the course of search -

A search was carried out in premises of a group concern and in search, certain incriminating documents were found and seized and these documents had a bearing on income of this assessee and therefore, AO of searched person had recorded satisfaction and after recording satisfaction, forwarded seized material to AO of the assessee. Thereafter only, AO of present assessee had issued notice under section 153C and thereafter, further notices were issued under sections 143(2) and 142(1). It was the claim of assessee that satisfaction recorded by AO of searched person was not proper and therefore, AO had not assumed valid jurisdiction. Held: Search was carried out and incriminating documents were found and seized in course of search and those incriminating documents had a bearing on the assessee's total income and therefore, AO of searched person had recorded his satisfaction and provided the seized material to AO of assessee. Under these facts, no infirmity in the order of CIT(A) as per which it was held by CIT(A) that there was no merit in this claim of assessee that there was lack of jurisdiction and that legal requirements were not complied with and principles of law were not applied and hence, appeal of assessee was dismissed.

REFERRED :

FAVOUR : Against the assessee.

A.Y. : 2014-15 & 2015-16

INCOME TAX ACT, 1961

Section 72

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