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2018 (3) TMI 83 - AT - Income TaxValidity of proceeding u/s 153C - Held that:- As per the provisions u/s 153C where AO is satisfied that any money, bullion, jewellery or other valuable article on thing or books of account or documents seized or requisitioned belongs to a person other than the person referred to in Section 153A, then the books of account or documents or assets requisitioned shall be handed over to the Assessing Officer who shall proceed against such other person and issue such person notice and assess or reassess income of such other person in accordance with the provisions of Section 153A. The said MoU does not bear the signature of the assessee. Thus, finding of document in the premises of Amrapali Group does not constitute that the document to be belonging to the assessee. AO cannot merely on presumption states that the seized documents are that of assessee. Firstly, the Assessing Officer has to establish that the seized documents belong to the assessee which the Assessing Officer as well as CIT(A) failed to looked into. - Decided against revenue
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