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2019 (2) TMI 1530 - AT - Income TaxAssessment u/s 153A - absence of incriminating material found - HELD THAT:- We consider it expedient to remit the matter back to the file of the CIT(A) for examination of the legal objection so raised on behalf of the assessee on sustainability of additions/disallowances in proceedings under s.153A/153C of the Act in the alleged absence of incriminating material in the light of legal proposition set out by the Jurisdictional High Court in SAUMYA CONSTRUCTION PVT. LTD. [2016 (7) TMI 911 - GUJARAT HIGH COURT]where no assessment is stated to be pending. In the absence of assessment records and material found in the course of search, we are not in a position to opine on the issue either way. The legal issue is thus restored to the file of the CIT(A) for determination thereof in accordance with law - Appeals of the assessee are allowed for statistical purposes.
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