COURT: | ITAT Mumbai |
CORAM: | G. S. Pannu (AM), Sanjay Garg (JM) |
SECTION(S): | 143(1), 153A |
GENRE: | Domestic Tax |
CATCH WORDS: | Bogus purchases, Bogus Sales, undisclosed assessment |
COUNSEL: | Govind Jhaveri, Vijay Mehta |
DATE: | August 31, 2016 (Date of pronouncement) |
DATE: | September 20, 2016 (Date of publication) |
AY: | 2002-03 |
FILE: | Click here to view full post with file download link |
CITATION: | |
S. 153A: Even in a case where only a s. 143(1) assessment is made, additions cannot be made without the backing of incriminating material if the s. 143(1) assessment has not abated |
The making of an addition in an assessment under section 153A of the Act, without the backing of incriminating material, is unsustainable even in a case where the original assessment on the date of search stood completed under section 143(1) of the Act, thereby resulting in non-abatement of such assessment in terms of the Second Proviso to section 153A(1) of the Act
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