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2018 (12) TMI 523 - AT - Income TaxAssessment u/s u/s.153A - addition u/s 68 - unabated assessment - Held that:- The assessment is unabated as the return of income u/s.139 of the Act filed on 30.09.2009, whereas the time limit for issue of notice u/s.143(2) of the Act is on 30.09.2010 and the date of search u/s.132 of the Act dated 06.08.2014 and at the time of search the assessment was completed and no incriminating material was found as per record. Therefore, we having considered the facts of the case and also the observations of both the lower authorities and the decision of the coordinate bench of the Tribunal referred above, are of the substantive opinion that the assessment is unabated and the Tribunal is bound by the judicial precedence and, hence, applying the ratio of decision to the present case, we allow the cross objections filed by the assessee.
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