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2016 (8) TMI 1316 - HC - Income TaxAssessment u/s 153A - Held that:- Incriminating material is a pre-requisite before power could have been exercised under section 153C read with section 153A. See COMMISSIONER OF INCOME-TAX, BANGALORE AND THE DEPUTY COMMISSIONER OF INCOME-TAX, BANGALORE Versus M/s. IBC KNOWLEDGE PARK PVT. LTD. AND VICA-VERSA [2016 (5) TMI 372 - KARNATAKA HIGH COURT] In the case before us, the assessing officer has made disallowances of the expenditure, which were already disclosed, for one reason or the other. But such disallowances were not contemplated by the provisions contained under section 153C read with section 153A. The disallowances made by the assessing officer were upheld by the CIT(A) but the learned Tribunal deleted those disallowances.
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