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PR. Commissioner of Income Tax-Vadodara-1 Versus RSA Digi Prints

2017 (9) TMI 530 - GUJARAT HIGH COURT

Initiation of assessments under section 153A - proof of incriminating material was found during the search - Held that:- There is nothing on record to suggest that the observations of the Tribunal that no incriminating material was found during the s .....

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iew of the matter, we see no reason to interfere. The second subsidiary observation and conclusion of the matter with respect to the pendency of the assessment in terms of second proviso to subsection (1) of section 153A, we need not comment. - TAX A .....

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: HONOURABLE MR.JUSTICE AKIL KURESHI) 1. These Tax Appeals arise out of common background and concerning the same respondent assessee. For convenience, we may record facts from Tax Appeal No.469 of 2017. 2. The appeal concerns assessment year 2009-10 .....

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een not initiated u/s. 132 and thereafter assessment proceedings were not initiated u/s 153A r.w.s. 143(3) of the Act, the assessee would have wriggled out of the issue of unexplained cash credit of ₹ 1,14,04,609/, which the AO during the asses .....

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of assessment as per second proviso of section 153A? (3) Whether on the facts and in the circumstances of the case, the ITAT was right in law in quashing the impugned assessment pertaining to A.Y. 2009-10 on the ground that none of the regular asses .....

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19.09.2009. Search was carried out at the premises of the assessee on 20.01.2010. In response to the notice issued by the department for filing return under section 153A of the Act, the assessee filed such return on 10.10.2011. The Assessing Officer .....

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Before the Tribunal, the assessee raised an additional legal contention on the validity of order under section 153A of the Act on the ground that no incriminating material was found during the search with the aid of which the additions could have be .....

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eld that there was no incriminating material found during the search with the aid of which, the Assessing Officer could have made the additions. The Tribunal relied on the decision of Delhi High Court in case of CIT vs Kabul Chawla reported in (2016) .....

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