PCIT v. Surendra B. Jiwrajka [2025] 180 taxmann.com 556 (Bom)(HC)

S. 153A :Assessment-Search-Assessment in absence of incriminating material-Addition of long-term capital gain relating to penny stock transactions-Jurisdictional prerequisite not satisfied-Addition deleted.[S. 10(38),68,260A]

Where, pursuant to search, proceedings under section 153A were initiated in respect of long-term capital gains claimed as exempt under section 10(38), but no incriminating material relating to the assessee’s transactions was found during the search and the lower authorities had also found no fault with the assessee’s role or conduct, the jurisdictional prerequisite for making an assessment under section 153A was not satisfied and, consequently, the assessee was entitled to relief.  (AY. 2012-13)

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