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The Tax PublishersITA Nos. 1774 to 1776/Bang/2017
2020 TaxPub(DT) 5231 (Bang-Trib)INCOME TAX ACT, 1961
Section 153C
As assessment was not abated on date of search and therefore, no addition under section 153C could be made for the assessment year under consideration in absence of incriminating material found during search relating to that assessment year.
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Search and seizure - Assessment under section 153C - No incriminating material found during search - Unabated assessment
AO framed assessment under section 153C in assessee's case and made addition. Assessee challenged this on the ground of no incriminating material found during search.Held: In assessee's case, return of income was filed on 30-9-2013 and notice under section 143(2) could be issued up to 30-9-2014 for making scrutiny assessment. However, search was conducted on 9-10-2014, hence, on date of search no proceedings were pending for assessement year 2013-14, hence, assessment was not abated on date of search and therefore, no addition under section 153C could be made for the assessment year under consideration in absence of incriminating material found during search relating to that assessment year.
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2013-14 & 2014-15
INCOME TAX ACT, 1961
Section 145(3)
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