Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2015 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (12) TMI 559 - AT - Income TaxAssessment order passed under section 153C r.w.s. 143(3) - Held that:- It is not the case of assessee that the jurisdiction invoked under section 153C of the Act by the Assessing Officer is not correctly invoked. The assessee has not challenged the addition made in its hands for the captioned assessment year on the basis of incriminating documents found from his possession. In view thereof, the assessment order passed under section 153C r.w.s. 143(3) of the Act has been correctly passed. The objection of the assessee before us was that in respect of second addition of ₹ 1,25,000/- since no incriminating documents were found, since assessment has not abated, no proceedings can be completed under section 153C r.w.s. 143(3) of the Act. We find no merit in the said stand of the assessee, in view of incriminating documents found from the possession of the assessee in respect of travelling expenses and addition having been made on that account, the assessment order passed under section 153C r.w.s. 143(3) of the Act has been correctly made. Coming to the merits of addition in the case of assesseee we find that though the information has been received by the Assessing Officer from the return of income filed by the assessee itself, in the original assessment order passed under section 143(3), the said amount was added as income of the assessee where the said assessment order is still in force as the said assessment has not been abated, no further addition is warranted. Since the addition has already been made in the hands of assessee, there is no merit in making this addition once again while passing the order under section 153C r.w.s. 143(3) of the Act. Accordingly, we delete the said addition and allow the grounds of appeal raised by the assessee on merit
|