Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2013 (10) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (10) TMI 764 - AT - Income TaxScope of assessment u/s 153A - Assessment u/s 153A on the basis of materials outside search – Held that:- The company is represented through its Directors, therefore, material found at the residence of the Director is relevant and has to be considered for making the assessments u/s 153A - Wherever the issues have been considered u/s 143(3) and the assessment has been concluded prior to the initiation of the search the scope of assessment remains limited to the search material and other issues not considered at the time of making the assessment u/s 143(3) of the Act. In the instant case, assessment was made u/s 144 of the Income-tax Act, 1961 on 09.12.2009. The same was held invalid as there was a search operation at the premises of the assessee on 31.07.2008. In view of the provisions of section 153A, the pending assessments abate. The order passed u/s 144 was against the law – Decided against the Revenue. Non-admission of additional evidence u/r 46A of the Income Tax Rules – Held that:- All seized material was available to Assessing Officer - Evidences relied upon by the CIT (A) were also available in seized material which was in the possession of the Assessing Officer - Thus, there was no fresh evidence filed before the CIT (A) which could be considered for violation of Rule 46A of Income-tax Rules – Decided against the Assessee.
|