Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2019 (4) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (4) TMI 1180 - BOMBAY HIGH COURTAssessment u/s 153A - questions of validity of search authorization against the assessee - statement was recorded at the fag end of the search when assessee was exhausted - compulsion to admit additional income - statement taken was not a statement as per the provisions of sec. 132(4) - HELD THAT:- We are of the opinion that even though revenue may have an arguable case in relation to the tribunal’s first conclusion of invalidity of assessment u/s 153A, in view of the tribunal's ultimate conclusions, these Appeals are not required to be entertained. The tribunal in the impugned judgment while deleting additions on merits has come to the conclusion that the revenue authorities did not contradict the submissions of the assessee regarding impermissibility of reliance on certain documents and the statements recorded in search. The tribunal also noted that the analysis carried out by the Assessing Officer suffered from multiple infirmities. Assessing Officer had not carried out the qualitative analysis and had carried out on certain arithmetical calculations based on loose papers. In the result the entire issue is based on appreciation of materials on record. No question of law arises - Appeals are dismissed.
|