Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2018 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (1) TMI 1567 - AT - Income TaxAssessment u/s 153C - information collected by the A.O. without any basis of incriminating material - HELD THAT:- During the appeal hearing, the D.R. did not place any evidence with regard to the incriminating material found in the premises of the searched person relating to the assessee. Now it is settled issue that for initiating the proceedings u/s 153C it is incumbent upon the A.O. to have the incriminating material evidencing the undisclosed income. In the assessee’s case no such evidence was found during the course of search in the group cases. As per the provisions of section 153C it is mandatory to have the satisfaction of the A.O. that money, bullion, jewellery or other valuable article or thing or any books of accounts, documents seized or requisitioned pertains to or relates to the assessee, which means that unless there is an incriminating material belonging to the assessee is found, the action u/s 153C of the Act is not permissible. In the assessee’s case there was no incriminating material found and seized from the premises of the group cases. We hold that the notice issued u/s 153C is not sustainable and accordingly quashed. This view is upheld by the Hon’ble Supreme Court in the case of CIT Vs. Sinhagad Technical Education Society (2017 (8) TMI 1298 - SUPREME COURT). Respectfully following the judgement of the Hon’ble Supreme Court, we hold that the notice issued u/s 153C is unsustainable and accordingly quashed. Appeal filed by the assessee is allowed
|