S. 153C : Assessment-Income of any other person-Search-Satisfaction note mentioning incriminating evidence-Not relating to relevant assessment year-Beyond jurisdiction-Addition is not valid. [S. 142(1), 143(2)]
S. 153C : Assessment-Income of any other person-Search-Satisfaction note mentioning incriminating evidence-Not relating to relevant assessment year-Beyond jurisdiction-Addition is not valid. [S. 142(1), 143(2)]
S. 153C : Assessment-Income of any other person-Search-No incriminating material was found-Changing head of income from business income to income from other sources-Addition is not sustainable-Binding precedent-Pending of SLP-Ratio of High Court decision has to be followed. [S. 132]
S. 153C : Assessment-Income of any other person-Cash credits-Additions on account of unexplained credits-Absence of any contradictory material-Additions affirmed by CIT (A) justified. [S. 68, 153A]
S. 153C : Assessment-Income of any other person-Search-Undisclosed income-Retraction-Retraction statement is held to be valid-No incriminating material-Capitalisation fee-Extrapolation of addition in the previous year or subsequent year-Addition was deleted-Validity of assessment-Not raised before the Assessing Officer or CIT(A)-Application under Rule 27 was dismissed. [S. 132(4) 143(2), 292C, ITATR. 27.]
S. 153C : Assessment-Income of any other person-Search-Search on 27-10-2014-Seized Ledger account of transactions of person in respect of whom search conducted forwarded with satisfaction note to Assessing Officer of Assessee-Cannot be said to be belonging to assessee-Order is void ab initio-Pre amended law to be applied. [S. 132]
S. 153B : Assessment-Search-Time limit-DNCR not handwritten in assessment order-Order was not passed within limitation period-Order liable to be quashed as beyond limitation. [S. 132, 153D]
S. 153A : Assessment-Search or requisition-Assessment-Limitation-The JCIT granted the approval u/s. 153D on 30/12/2016 does not prove that the order has been passed on 30/12/2016 and hence the assessment order purported to have been passed on 30/12/2016 is barred by limitation and therefore quashed. [S. 153, 153D 153B]
S. 153A : Assessment-Search or requisition-Cash credits-Share capital-Share premium-Burden discharged-Proviso to S. 68 inserted w.e.f. 1st April, 2013 is prospective in nature, application from AY. 2013-14 onwards-Addition was deleted [S. 56(2)(vib), 68, 133(6)]
S. 153A : Assessment-Search or requisition-Loose papers-Sale of scrap-Entries were for the financial year 2014-15-Assessee offered the income for the AY. 2015-16- Assessing Officer estimated the income in all units from the assessment years 2009-10 to 2015-16-Addition was deleted-Share capital-Group companies-Sufficient source-Addition was deleted. [S. 68]
S. 153A : Assessment-Search or requisition-Search and seizure-Wrongly adopting the figure of unaccounted assets in place of the unaccounted capital offered by the assessee in the return of income-Deletion of addition was affirmed.