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| The Tax Publishers2020 TaxPub(DT) 4082 (Guj-HC) : (2021) 276 TAXMAN 0154 INCOME TAX ACT, 1961
Section 153A
In absence of any incriminating material related to the given assessment year found during search, assessment under section 153A cannot be made for that assessment year for which assessment has been concluded on the date of search and not abated.
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Search and seizure - Assessment under section 153A - Computation of undisclosed income - No increminating material
Revenue filed appeal against the order of Tribunal which held that in absence of any incriminating material related to the given assessment year found during search, assessment under section 153A cannot be made for that assessment year for which assessment has been concluded on the date of search and not abated. Held: Tribunal was right in holding that once it is held that the assessment has attained finality, then, the AO, while passing independent assessment order under section 153A read with section 143(3) cannot disturb the assessment/reassessment, which has attained finality unless the materials gathered in the course of the proceedings under section 153A establish that the reliefs granted in the final assessment/reassessment were contrary to the facts coming during the course of section 153A proceedings.
REFERRED :
FAVOUR : In favour of assessee.
A.Y. : 2008-09
IN THE GUJARAT HIGH COURT
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