Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2017 (6) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (6) TMI 290 - AT - Income TaxValidity of assessment u/s 153C - addition in the hands of person other than searched person - Held that:- There is no merit in the initiation of proceedings under section 153C of the Act in the case of assessee. In the absence of any incriminating material found during the course of search of the person, who is covered under section 153A of the Act, which in turn, belongs to the person, other than the searched person i.e. assessee before us, then the proceedings under section 153C of the Act cannot be triggered. Accordingly, we hold so. Accordingly, the proceedings completed thereafter i.e. the order passed under section 143(3) r.w.s. 153C of the Act is invalid and without any jurisdiction and the same is cancelled. - Decided in favour of assessee.
|