Shri Rajender Agarwal v. ACIT (Delhi)( Trib)(UR)

S. 143(3): Assessment – Validity – Addition on account of bogus LTCG – Addition based on some incriminating material found in a search at premises of third parties- Assessment order should have been framed as per provisions of section 153C- assessment order passed under section 143(3) is set aside being bad in law. [ S. 132, 143(1), 153A , 153C ]

Assessee filed his return of income for relevant assessment year, which was processed under section 143(1). Assessee challenged the said assessment order on the ground that the same was bad in law in as much as it should have been framed under section 153A read with section 153C as entire assessment was based on outcome of search and seizure proceedings conducted at premises of several stock brokers, whereby it was found that he was also one of the beneficiaries of LTCG earned through manipulation of shares. There was no dispute that entire addition in instant case, was based upon incriminating material/information detected out of search proceedings under section 132 conducted at premises of stock brokers. Therefore, assessment order should have been framed as per provisions of section 153C. Hence, assessment order passed under section 143(3) was set aside being bad in law. [ITA No.2631/Del/2019, dt. 05/12/2023) [AY. 2014-15]

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