The Tax Publishers021 TaxPub(DT) 5600 (Del-Trib) Dy. CIT v. HTL Ltd. In Favour of Assessee, Del-Trib, ITA Nos. 716/Del/2018 & 3952 to 3959/Del/2016, 14-Oct-2021

INCOME TAX ACT, 1961

Section 153C

Date on which AO of the person other than one searched, assumed possession of seized assets. (i.e., AO in assessee's case), regular assessment for the year under consideration was not pending and, therefore, such unabated assessment could not be interfered with while framing search assessment under section 153C.

Search and seizure - Assessment under section 153C - No incriminating material found during search - Unabated assessment

AO, pursuant to search conducted in case of certain ground, initiated proceedings under section 153C in assessee's case and framed assessment. Assessee challenged this on the ground of no incriminating material found during search. Held: Date on which AO of the person other than one searched, assumed possession of seized assets. (i.e., AO in assessee's case), regular assessment for the year under consideration was not pending and, therefore, such unabated assessment could not be interfered with while framing search assessment under section 153C.

Followed:Pr. CIT v. Kabul Chawla (2015) 93 CCH 210 Del-HC, (2015) 126 DTR 130 (Del), (2015) 281 CTR 45 (Del), (2016) 380 ITR 0573 (Del), (2015) 234 Taxman 300 (Del) : 2015 TaxPub(DT) 3486 (Del-HC) and CIT v. Sinhgadh Technical Educational Society v. Dy. CIT (2018) 103 CCH 0256 ISCC.

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2000-01 to 2010-11


INCOME TAX ACT, 1961

Section 37(1)

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