PCIT v. Sasikala Raghupathy (2025) 479 ITR 187 (Mad)(HC)

S. 153A : Assessment-Search-No incriminating material discovered during search-Principle of finality in tax proceedings-Reassessment, revision-Multiple proceedings on same issue-Order of Tribunal affirmed.[S. 54F, 143(3), 147, 148, 153A, 260A, 263.]

Dismissing the appeal the Court held that no incriminating material was found in the search proceedings.  Since the reassessment stood concluded as on the date. The search had admittedly not yielded any incriminating materials in regard to the claim under section 54F for assumption of jurisdiction under section 153A. The purpose of an assessment under section 153A was to bring to tax income that had been hitherto undisclosed for the purpose of assessment, emanating from incriminating materials found in the course of the search. Hence, the order of assessment under section 153A could not be sustained even on this score. The policy of law was that there must be a point of finality in all legal proceedings and stale issues should not be reactivated beyond a particular stage and that lapse of time must induce repose in and set at rest judicial and quasi-judicial controversies.(AY.2008-09)

Leave a Reply

Your email address will not be published. Required fields are marked *

*