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2020 (10) TMI 132 - AT - Income TaxAssessment u/s 153A - whether there was incriminating material found in the course of search for section 153A to be invoked? - HELD THAT:- If search has taken place, section 153A is triggered, and finding of incriminating material in search is not relevant. There is no categorical observation by CIT(A) regarding any incriminating material that was unearthed and seized leading to undisclosed income that was not considered. Even Ld.CIT.DR could not point out any categorical observation by authorities below wherein this issue has been addressed. Unless there is a factual observation regarding availability of incriminating material seized during course of search leading to undisclosed income in the hands of assessee for year under consideration, issue cannot be answered in accordance with law. Remand this issue back to Ld.CIT(A) to discern from assessment records of their being any incriminating material seized during course of search. Appeal of assessee allowed for statistical purposes.
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