Rakesh Babbar v. ACIT (2025) 476 ITR 439 /174 taxmann.com 347 (Delhi)(HC)

S. 153C : Assessment-Income of any other person-Search-
Assessing Officer accepting explanation of searched party that document seized pertained to financial year 2016-2017 and not financial year 2017-2018-Notice issued for assessment year 2018-2019 and consequent assessment order not sustainable.[S. 132(4), Art. 226]

Allowing the petition the court held that the considered as incriminating material having a bearing on the assessee’s income for the financial year 2017-2018 relevant to the assessment year 2018-2019. The jurisdictional condition was not satisfied since the search had not yielded any incriminating material, which could confer jurisdiction to the Assessing Officer to issue a notice under section 153C in respect of the assessment year 2018-2019. Since no incriminating material whatsoever was found in respect of the assessee’s income for the financial year 2017-2018 relevant to the assessment year 2018-2019, the notice issued under section 153C and the assessment order were set aside.(AY. 2018-19)

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