| COURT: | ITAT Mumbai |
| CORAM: | I. P. Bansal (JM), N. K. Billaiya (AM) |
| SECTION(S): | 143(3) |
| GENRE: | Domestic Tax |
| CATCH WORDS: | protective assessment |
| COUNSEL: | J. P. Bairagra |
| DATE: | June 26, 2015 (Date of pronouncement) |
| DATE: | July 21, 2015 (Date of publication) |
| AY: | 2005-06, 2007-08 |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| S. 132(4A) presumption does not apply to loose papers found in some other person's possession. While the AO can make a protective assessment, the appellate authority cannot confirm a protective order. It has to either make it substantive or quash it | |
It is settled that when there is a doubt as to which person amongst the two was liable to be assessed, parallel proceedings may be taken against both and alternative assessments may also be framed. It is also equally true that while a protective assessment is permissible, it is not open to the income-tax appellate authorities constituted under the Act to make a protective order
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