Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2012 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2012 (8) TMI 497 - KERALA HIGH COURTAssessment framed u/s 153A in case of search based on evidence gathered in the course of search of another assessee for AY 2003-04 to 2008-09 - assessment framed u/s 144 for AY 2009-10 - assessee contesting assessments u/s 144 on ground that Section 153A or Section 153C has no application on assessment for the AY 2009-10 - assessment u/s 153A(1) on the ground of non-recording of satisfaction by AO who conducted search - Held that:- Best judgment assessment u/s 144 was for failure of the assessee to file return for the said AY and its validity is not in any way affected just on ground that AO by mistake has quoted Sections namely Sections 153C and 153A wherein it is also stated that the said assessment is made u/s 144. Assessment is one made exclusively u/s 144 after issuing notice to the assessee. Transfer of recovered books of accounts, evidence or materials is only a procedural formality to be complied with by the AO who searched an assessee and recovered materials pertaining to another assessee, and the AO who takes up assessment u/s 153C against the latter will have full jurisdiction to appreciate evidentiary value of the books of accounts or materials or goods received from the other officer and proceed to make assessment in his own way. Therefore, satisfaction is not required to be recorded by the AO, who conducted the search before transferring materials found belonging to another assessee - Decided against assessee
|