| |
| The Tax Publishers2020 TaxPub(DT) 5164 (SC) : (2020) 273 TAXMAN 0274 INCOME TAX ACT, 1961
Section 153A
Department preferred SLP to appeal against the judgment of Bombay High Court in Pr. CIT v. Vimal Kumar Rathi [ITA No. 160 of 2017, dt. 26-3-2019] : 2020 TaxPub(DT) 5163 (Bom-HC), whereby the High Court held that assessment under section 153A can be made only on basis of incriminating material found in search under section 132 and only income related to incriminating documents found during search can be considered in assessment, therefore, Revenue was not justified in making any addition in absence of any material evidence. Accordingly, the Tribunal was justified in holding that the assessment order passed under section 153A was invalid, the Supreme Court dismissed the SLP as withdrawn due to low tax effect, leaving question of law open.
|
Appeal (Supreme Court) - Special leave petition - Search and seizure - Assessment under section 153A --- Validity --- No incriminating material found in search
Department preferred SLP to appeal against the judgment of Bombay High Court in Pr. CIT v. Vimal Kumar Rathi [ITA No. 160 of 2017, dt. 26-3-2019] : 2020 TaxPub(DT) 5163 (Bom-HC), whereby the High Court held that assessment under section 153A can be made only on basis of incriminating material found in search under section 132 and only income related to incriminating documents found during search can be considered in assessment, therefore, Revenue was not justified in making any addition in absence of any material evidence. Accordingly, the Tribunal was justified in holding that the assessment order passed under section 153A was invalid. Held: Counsel for the petitioner, on instructions, issued by the Department of Revenue, Ministry of Finance vide F.No. 390/Misc./116/2017-JC, dated 22-8-2019, sought permission to withdraw this Special Leave Petition along with pending applications therein due to low tax effect. Permission was granted, subject to just exceptions. The special leave petition and pending applications were dismissed as withdrawn, leaving question of law open.
REFERRED :
FAVOUR : SLP dismissed
A.Y. :
IN THE SUPREME COURT OF INDIA
 SUBSCRIBE FOR FULL CONTENT
|