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2013 (10) TMI 972 - AT - Income TaxValidity of search u/s 132(1) of the Income Tax Act – Validity of assessment order passed on the basis of invalid search – Held that:- Search was conducted only on the basis of the information received from S.P. C.B.I. that undisclosed cash being carried out by the assessee, but no such cash or any other incriminating documents, books of accounts, money, bullion, jewellery or other valuable article or thing were found in the possession of the assessee. Therefore, the authorization to conduct search based on reason under section 132(1) of the Act did not exist and the search became invalid. Therefore, the assessment order based on the said search cannot stand and to be set aside - Assessment orders passed by the Assessing Officer on the basis of invalid search deserve to be set aside and quashed – Decided in favor of Assessee.
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