Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2019 (11) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (11) TMI 875 - HC - Income TaxAssessment u/s 153C - Assessment completed u/s 144 - HELD THAT:- The aforesaid assessment note nowhere satisfies the requirements referred to, in the preceding paragraph. Before the Tribunal, the Revenue could not adduce any cogent material or evidence to prove that the addition in all the assessment years was made in the case of Assessee in the Assessment completed u/s 144 read with section 153C on the basis of any incriminating material or document being found during the course of the search. As further noticed that even no such incriminating material or document has been referred to by the Assessing Officer during the course of the search while completing Assessment. The order passed by the Assessing Officer has been passed in contravention of the law laid down by the Hon’ble Supreme Court in the case of M/s. Calcutta Kintwears [2014 (4) TMI 33 - SUPREME COURT] . Therefore, the appeal preferred by the Assessee was rightly allowed by the CIT (Appeals) and the appeal preferred by the Revenue was rightly dismissed by the Income Tax Appellate Tribunal.
|