Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2017 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (12) TMI 1744 - AT - Income TaxAssessment u/s 153A - HELD THAT:- We find that the issue is squarely covered in favour of the assessee by the decision of the Coordinate Bench of the Tribunal in the case of ‘Rajiv Kumar Vs. ACIT’ [2016 (12) TMI 1722 - ITAT CHANDIGARH] and ‘CIT (Central) Vs. Raj Kumar Jaiswal and others’ [2017 (2) TMI 1276 - ALLAHABAD HIGH COURT] . The Hon'ble Allahabad High Court (supra) while deciding the identical issue on framing of assessment u/s 153A of the Act for the assessment year relevant to the search year has observed that when a power is exercised under a particular provision and in the manner, it is so contemplated in such substantive provision, then this defence is not open that it may be treated as a mere mistake of wrong provision of statute - Decided in favour of assessee.
|