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2013 (12) TMI 1578 - AT - Income TaxAssessment u/s 153C - Held that:- To invoke the jurisdiction for “Assessment in case of search or requisition” there are two aspects, the searched person on whom notice u/s 153A shall be served and as a consequence of which assessment u/s 143(3)/153A shall be made. The other aspect is that in the course of search if certain documents are found, which would pertain to a third person, in such a situation, the AO having jurisdiction over the searched person shall record reasons and hand over the material to the AO having jurisdiction over the third person. In that case, the AO having jurisdiction over the person other then the person searched, shall initiate the proceedings by the issue of notice u/s 153C. The instant case pertains to this aspect, i.e. proceedings u/s 153C. In the case before us, search took place on the new management and admittedly no document as such was found which indicated that there was certain income belonging to the assessee, which had not been disclosed to the department in the impugned assessment years. Since the search was on the new management, the assessee company became the person other then the person searched. In these circumstances, issue of notice u/s 153C and assessment to be framed under this provision is imperative, as the provision is non obstante. In these circumstances, we hold that the additions made u/s 153C are sustainable.
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