Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2015 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (2) TMI 243 - AT - Income TaxValidity of proceedings initiated u/s. 153C - CIT(A) set aside the proceedings - Held that:- In the course of present proceedings, learned D.R. was asked to furnish the evidence if any, of incriminating material relating to assessees so that proceedings under section 153C could be initiated. Learned D.R. however, produced the assessment records and copy of the appraisal report for perusal of the Bench being confidential in nature. After seeing the assessment records/order sheets and copy of the appraisal report presented before us, we confirm the finding of Ld. CIT(A) that there is no incriminating material at all in these cases for initiating the proceedings under section 153C against the assessees. Consequently, without going into the legal principles with which we also agree, we hold that proceedings initiated by A.O. are ab initio void for lack of jurisdiction. Moreover, even for making additions to the return of income on estimated basis, there is no basis at all. - decided against revenue.
|