GST Helpdesk   Subscription   Demo   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
What's New Case Laws Highlights Articles News Forum Short Notes Statutory TMI SMS More ...
Extracts
Home List
← Previous Next →

2015 (10) TMI 2485 - ITAT DELHI

2015 (10) TMI 2485 - ITAT DELHI - TMI - Assessment u/s 153A - Held that:- Assessments in both these cases passed u/s. 153A r.w.s. 143(3) were not made, based on any incriminating material found or seized during the course of search of thereafter. The addtions are purely based on the material already avaiblae on record. Hence, all the additions in both the cases are deleted - Decided in favour of assessee - ITA Nos. 501 & 502/Del/2015 - Dated:- 19-10-2015 - SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMB .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

2008-09). 2. The brief facts of the case are brought out in the Ld. CIT(A) s order vide para no. 2 which is extracted below for ready reference. 2. The brief facts of the case as culled out from the assessment order are that the appellant, an individual, derived income from 'salary' and 'other sources'. A search and seizure operation u/s 132 of the I. T. Act, 1961 was conducted by the Investigation Wing of the department in Nussli (Switzerland) Ltd. group of cases on 19.10.2010 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

n of income on 30.03.2009 declaring a total income of ₹ 2,23,051/-. Subsequently, notices us 143(2) and 142(1) along with detailed questionnaire were issued and served upon the appellant. In response to the same, the AR of the appellant attended the assessment proceedings and filed the required details and information, which were examined and discussed by the Assessing Officer. Thereupon, the assessment was completed in terms of order u/s 153A read with section 143(3) dated 11.03.2013 at a .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ase, Ld. CIT(A) has erred in law and on facts in confirming the action of Ld. AO in framing the impugned assessment order u/s 153A/143(3) without assuming jurisdiction as per law and without serving the valid notices as per law and without recording requisite satisfaction as per law and without obtaining requisite approval as per law and without complying with other mandatory conditions under the Act and without serving the mandatory notices uls 143(2) and 142(1) of Income Tax Act, 1961. 2. That .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

action of Ld. CIT(A) in confirming the action of Ld. AO in making addition of ₹ 2,10,000/- on account of foreign travel and framing the impugned assessment order is contrary to law and facts, void ab initio, and without giving adequate opportunity of hearing, by recording incorrect facts and findings and the same is not sustainable on various legal and factual grounds. 4. That the appellant craves the leave to add, modify, amend or delete any of the grounds of appeal at the time of hearin .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

our of the assesee and against the Revenue by the decision dated 28.8.2015 of the Hon ble Delhi High Court in the case of CIT vs. Kabul Chawla passed in ITA No. 707, 709 and 713/2014 held has under:- 37. On a conspectus of Section 153A(1) of the Act, read with the provisos thereto, and in the light of the law explained in the aforementioned ITA Nos. 707, 709 and 713 of 2014 of decisions, the legal position that emerges is as under: i. Once a search takes place under Section 132 of the Act, notic .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

h the search takes place. The AO has the power to assess and reassess the 'total income' of the aforementioned six years in separate assessment orders for each of the six years. In other words there will be only one assessment order in respect of each of the six AYs in which both the disclosed and the undisclosed income would be brought to tax . iv. Although Section 153 A does not say that additions should be strictly made on the basis of evidence found in the course of the search, or ot .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

Latest Notifications:

    Dated      Category

20-7-2017 Cus (NT)

20-7-2017 GST CESS Rate

19-7-2017 IT

19-7-2017 IT

18-7-2017 IT

18-7-2017 CE (NT)

18-7-2017 CE

18-7-2017 GST CESS Rate

15-7-2017 Kerala SGST

14-7-2017 Andhra Pradesh SGST

14-7-2017 Cus (NT)

14-7-2017 Cus

13-7-2017 Co. Law

13-7-2017 Co. Law

13-7-2017 ADD

13-7-2017 ADD

12-7-2017 Jammu & Kashmir SGST

12-7-2017 Gujarat SGST

12-7-2017 Gujarat SGST

12-7-2017 CGST Rate

More Notifications


Latest Circulars:

20-7-2017 Goods and Services Tax

19-7-2017 Goods and Services Tax

19-7-2017 Income Tax

18-7-2017 Customs

17-7-2017 Customs

14-7-2017 Income Tax

13-7-2017 Central Excise

13-7-2017 Customs

13-7-2017 Central Excise

13-7-2017 Customs

More Circulars



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version