Just a moment...

Report
ReportReport
Welcome to TaxTMI

We're migrating from taxmanagementindia.com to taxtmi.com and wish to make this transition convenient for you. We welcome your feedback and suggestions. Please report any errors you encounter so we can address them promptly.

Bars
Logo TaxTMI
>
×

By creating an account you can:

Report an Error
Type of Error :
Please tell us about the error :
Min 15 characters0/2000
TMI Blog
Home /

Section 153A Valid Only with Incriminating Material Found in Assessee's Premises; Errors in Income Additions Noted.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....Validity of assessment u/s 153A of the Income Tax Act, where material was found during the search of a person other than the assessee. It examines whether such material can be considered for assessment u/s 153A. The key points are: Section 153A assessment can only be framed based on incriminating material found during the search of the assessee's premises, not from any other person's search. The Delhi High Court's decision in Kabul Chawla's case supports this view. The addition being the difference between ITR filed u/s 153A and Section 139 was an error by the Assessing Officer, as the assessee had revised the income in the same proceedings. Regarding undisclosed income from the Bajaj Enclave Scheme, the assessee's role was limited to inves.........