S. 153C : Assessment-Income of any other person-Search-Documents found in the premises of third party-Addition on the basis of such documents are held to be not valid [S. 132(4A), 292C]
S. 153C : Assessment-Income of any other person-Search-Documents found in the premises of third party-Addition on the basis of such documents are held to be not valid [S. 132(4A), 292C]
S. 153C : Assessment-Income of any other person-Search-Search on 13th March, 2015-Documents prior to Ist June, 2015-Not belongs to the assessee-Allegation of information belongs to assessee-All assessment orders are quashed-Assessment u/s 153A can be made only on the basis of material found during the course of search carried out against the assesee-Assessment-Limitation-Time limit for passing order on 31st March, 2017-Order passed in December 2017 is held to be barred by limitation-Reassessment-Materials discovered during search proceedings for period beyond six preceding assessment years can be used for invoking the provisions of section 147 of the Act-Recorded reasons do not match with actual addition-No addition can be made in the reassessment proceedings-Addition cannot be made-Interest free loans given to partners-Not mandatory to charge interest-Addition cannot be made on notional basis. [S. 5, 132, 132(3), 147, 148, 153A, 153B]
S. 153C : Assessment-Income of any other person-Search-No incriminating materials-Addition is not justified-Obsolete provision written off-Allowable as deduction-Provision for liquidated damages-Allowable as deduction. [S. 37(1), 143(3)]
S. 153A : Assessment-Search or requisition-Unabated assessment No material relating to addition found in search-Addition not sustainable. [S. 132, 143(3)]
S. 153A : Assessment-Search or requisition-Sanction-Assessing Officer passing draft Assessment order and on same day Additional Commissioner granting approval under section 153D for various assessees-Final Assessment Order passed By Assessing Officer on same day-impossible for a person to apply his mind on all cases individually in a single day-Approval illegal and non est-Order is quashed. [S. 153D]
S. 153A : Assessment-Search or requisition-Unabated assessment-No addition can be made in absence of any incriminating material found during the course of search-Assessment not valid. [S. 132]
S. 153A : Assessment-Search or requisition-Carry forward of losses-Late filing of return-Not justified in denying the carry forward of the loss on account of late filing of the return u/s.153A, when the original return was filed u/s 139(1) of the Act. [S. 70, 80, 132, 139(1), 139(5)]
S. 153A : Assessment-Search or requisition-Addition based on rough notings unsustainable in absence of corroborating or substantive evidence-Income offered by way of composite disclosure cannot be added to the income of the assessee. [S. 132(4), 153C]
S. 153A : Assessment-Search or requisition-No incriminating material was found-Merely on the basis of statement dummy director addition of share capital as cash credit was held to be not justified. [S. 68, 132(4)]
S. 151 : Reassessment-Sanction for issue of notice-After the expiry of four years-Sanction obtained from Additional Commissioner instead of Principal Commissioner or Chief Commissioner or Commissioner-Notice not valid. [S. 147, 148]