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2017 (10) TMI 1541 - AT - Income TaxValidity of the proceedings u/s 153A - Review / re-examine any issue in the proceeding u/s 153A - HELD THAT:- There is no finding to the effect that any incriminating material was found in search. As per the assessment order also, there is no reference to any incriminating material found in search. CIT(A) should record a categorical finding as to whether any incriminating material was found in course of search or not. If it is found that no incriminating material was found in course of search then it should be held that the proceedings initiated by AO u/s. 153A are not valid by following the later judgement of of CIT Vs. Lancy Construction [2016 (2) TMI 797 - KARNATAKA HIGH COURT] and if it is found that any incriminating material was found in course of search, then these proceedings should be held valid and issue on merit should be decided afresh.
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