S. 153D : Assessment – Search – Approval -Order passed by the Assessing Officer without approval of Joint Commissioner was held to be bad in law [ S. 153C ]
PCIT v. Sunrise Finlease (P.) Ltd. (2018) 252 Taxman 407/171 DTR 237/ 305 CTR 421 (Guj.)(HC)S. 153D : Assessment – Search – Approval -Order passed by the Assessing Officer without approval of Joint Commissioner was held to be bad in law [ S. 153C ]
PCIT v. Sunrise Finlease (P.) Ltd. (2018) 252 Taxman 407/171 DTR 237/ 305 CTR 421 (Guj.)(HC)S. 153C: Assessment- Income of any other person- Search and seizure – AO is required to arrive at a conclusive satisfaction that documents belongs to a person other than searched person [ S. 132(4A)(i), 158BD,292C ]
Pepsi Foods ( P) Ltd v. ACIT ( 2015) 231 Taxman 58/ 162 DTR 129 ( Delhi ) (HC) Editorial: SLP of revenue was dismissed , ACIT v. Pepsi Foods ( P) Ltd ( 2018) 252 Taxman 372 (SC)S. 153A : Assessment – Search- Merely on the basis of contract for professional receipt addition cannot be made
DCIT v.Priyanka Chopra ( Ms) ( 2018)169 ITD 310/ 163 DTR 97 / 192 TTJ 318 (Mum)(Trib)S. 153A : Assessment – Search- Admitting additional income of on money – Addition was held to be justified [ S. 132(4) ]
Shantilal J. Shah v. DCIT (2018) 61 ITR 79 (Bang) (Trib)S. 153A : Assessment – Search- Time limit for issuing notice for assessment was expired prior to date of search having expired and no material was found during the search , block assessment was held to be bad in law .[ S. 143(2) ]
CIT v. Saravana Stores (TEX) (2018) 61 ITR 20 (Chennai) (Trib)S. 153A : Assessment – Search- On the basis of seized documents from office premises of group of companies in which assessee was a director, said material could not be used against the assessee [ S. 132, 292C ]
Krishna Kumar Singhania. v. DCIT (2018) 168 ITD 271 (Kol) (Trib.)S. 153A : Assessment – Search or requisition – When no incriminating material was found in the course of search, addition cannot be made on the basis of evidence collected after the search . No addition can be made on the basis of statement of director much later after the search [ S.131, 132 ]
PCIT v. Sunrise Finlease (P.) Ltd. (2018) 252 Taxman 407 / 171 DTR 237/ 305 CTR 421(Guj.)(HC)S. 153A : Assessment – Search-Merely on the basis of third party statement without any incriminating evidence addition was held to be not justified [ S. 132 (4) ]
CIT v. Manoj Hora. (2018) 402 ITR 175 (Delhi) (HC)S. 153A : Assessment – Search-Industrial undertaking – Developer -Deduction can be claimed in return pursuant to notice under S. 153A of the Income -tax Act [S. 80IA (4)(i), 139(4) ]
CIT v. Vijay Infrastructure Ltd. (2018) 402 ITR 363 (All) (HC)S. 151 : Reassessment – Sanction for issue of notice – Failure on part of Assessing Officer to take sanction of appropriate authority would go to very root of validity of assumption of jurisdiction by Assessing Officer [ S. 147, 148,292B ]
Anil Jaggi. v. CIT (2018) 168 ITD 612 (Mum) (Trib.)