Anush Finlease and Construction Pvt. Ltd. (2019) 70 ITR 336 (Delhi)(Trib.)

S. 153C : Assessment-Income of any other person-Search– Audited balance sheet-Initiation of proceedings-Held to be not valid.

Tribunal held that the only material on the basis of which proceedings under section 153C were initiated was the audited balance-sheet and financial statements of the assessee for the year ended on March 31, 2009 which related to assessment year 2009-10 while the assessment reopened was for the assessment year 2010-11. Therefore, the requirement that the document should relate to the assessment year sought to be reopened was not fulfilled. Audited balance-sheet and financial statements of the assessee were incriminating material had also not been proved. Therefore the initiation of proceedings under S. 153C was quashed. (AY. 2010-11)