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2016 (6) TMI 1437 - AT - Income TaxValidity of Assessment u/s 153C - absence of any material seized during search - additions made by the Assessing Officer and confirmed by Ld. Commissioner of Income Tax (Appeal) are whether bad in law as the assessment for the impugned assessment year were not awaited at the time of issuance of notice u/s 153C - HELD THAT:- Unless and until any material/document or information is gathered/unearthed at the time of search, we find merit in the contention of the assessee. Our view finds support by the decision from Hon’ble jurisdictional High Court in Allcargo Global Logistic Ltd. [2015 (5) TMI 656 - BOMBAY HIGH COURT] thus, on this preliminary ground alone, the additions made by the Assessing Officer/confirmed by the Ld. Commissioner of Income Tax (Appeal) stands deleted.
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