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Indian Penal Code
Section 153a
IPC Section 153A in Hindi (धारा 153क आईपीसी) – धर्म, जाति, मूलवंश, रंग भेद, भाषा, जन्म-स्थान, निवास-स्थान, इत्यादि के आधारों पर विभिन्न समूह
धर्म, जाति, मूलवंश, रंग भेद, भाषा, जन्म-स्थान, निवास-स्थान, इत्यादि के आधारों पर विभिन्न समूहों के बीच शत्रुता का संप्रवर्तन और सौहार्द्र बने रहने पर प्रतिकूल प्रभाव डालने वाले कार्य करना
Where assessment is framed without reference to any incriminating document or material found during search, the assessment is academic in nature- ITAT Delhi
Where the CIT(A) decided the appeal that that no assessment could be framed under section 153A because no incriminating document was found during the course of search against the assessee and no appeal is filed by the Department against such order, therefore the appeal of assessee is academic in nature only. And appeal of assessee is dismissed as withdrawn.
Lakshya Consultants (P) Ltd ITA No.6357
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The ITAT Mumbai in the case of Sumanlata Bansal( PAN- AAHPB0141N) vs. the Assistant Commissioner of ...
The ITAT Mumbai held that issue of notice under section 143(2) is not mandatory before making an assessment under section 153A of the Income Tax Act in the case of Sumanlata Bansal( PAN- AAHPB0141N) vs. the Assistant Commissioner of Income Tax, Central Circle 8 Mumbai, ITA nos. 525 to 530 relating to the assessment years 1999-2000 to 2005-2006.
WOA in joint names of different individuals can lead to a valid assessment/s u/s.153A
WOA in joint names of different individuals can lead to a valid assessment/s u/s.153A
In the instant case, there is no iota of evidence, nor is it the assessee’s case of it being so, of any joint economic or commercial activity by the four named persons, to suggest even remotely of income/assets of an AOP. In fact, by all available counts, the information, or at least one of the informations, leading to the search action, is the monies received from ANL under the Arbitration Award…
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Assessment which attained finality cannot be disturbed unless incriminating material found during search
Assessment which attained finality cannot be disturbed unless incriminating material found during search
Jignesh P. Shah Vs. DCIT (ITAT Mumbai), ITA No. 1553 & 3173/Mum/2010Date of Order : 13.02.2015
Contention of the Assessee
Learned counsel submitted that during the course of search and seizure action, no incriminating document, material or unaccounted assets were found from the assessee. Even for the year of search i.e. A.Y. 2008-09, no addition has been made. The assessing officer without there…
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Penalty u/s 271(1)(c) should not be levied on the amount which was voluntarily surrendered by the assessee during survey
Penalty u/s 271(1)(c) should not be levied on the amount which was voluntarily surrendered by the assessee during survey
The facts in briefborne out from the record are that the assessee is a partnership firm engaged in the business of manufacturing and trading of bristles and brushes. Return of income was filed on 31.10.2006 showing Nil income and the same was processed under section 143(1) of the Act. A survey was conducted on 23.10.2007 at the premises of the assessee where from books of account and loose papers…
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Section 153C - Mere use or mention of word “satisfaction” or the words “I am satisfied” in order or note is not sufficient
Section 153C – Mere use or mention of word “satisfaction” or the words “I am satisfied” in order or note is not sufficient
On a plain reading of Section 153C, it is evident that the Assessing Officer of the searched person must be “satisfied” that inter alia any document seized or requisitioned “belongs to” a person other than the searched person. It is only then that the Assessing Officer of the searched person can handover such document to the Assessing Officer having jurisdiction over such other person (other than…
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Sec 153A cannot be used to re-agitate concluded assessment in absence of any incriminating material
Sec 153A cannot be used to re-agitate concluded assessment in absence of any incriminating material
CA Prarthana Jalan Sec 153A cannot be used to re-agitate concluded assessment in the absence of any incriminating material. Hon’ble Agra ITAT Bench has in the order of DCIT V/S Kalyani Chaturvedihas held that assessments that have attained finality don’t abate at the time of search and they cannot be done de-novo u/s 153A of the Income Tax Act, 1961 in the absence of any fresh incriminating…
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