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Section 132, 153A What AO can do with item found in search is already disclosed in ITR and Balance Sheet submitted?
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क्या होगा जब किसी के यहां आयकर छापा पड़े और वहां पड़े किसी इनक्रिमिनेटिंग मैट्रियल पर आपका नाम हो? आईटीऐटी दिल्ली ने 28 अप्रैल 2020 को क्या फैसला दिया?
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दिल्ली हाईकोर्ट ने 1 अगस्त 2017 को फैसला देते हुए कहा कि आयकर छापे के दौरान धारा 132 4 में लिए गए स्टेटमेंट अपने आप में incriminating material नहीं है केवल इस आधार पर ना तो assumption of jurisdiction u/s 153 A हो सकता है और ना ही कोई एडिशन किया जा सकता है.PCIT vs.BEST INFRASTRUCTURE (INDIA) PVT. LTD. & ORS
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Section 153C: Delhi High Court on 09.08.2019 held that since the search took place and Notice under Section 153C prior to 1st June, 2015 and, therefore, Section 153C of the Act as it stood at the relevant time applied. Therefore, the onus was on the Revenue to show that the incriminating material/documents recovered at the time of search belongs’ to the Assessee. In other words, it is not enough for the Revenue to show that the documents either pertain’ to the Assessee or contains information that relates to’ the Assessee. Further the licence issued to the Assessee by the DTCP and the letter issued by the DTCP permitting it to transfer such licence are not incriminating material and therefore jurisdiction can not be assumed by the AO under Section 153C of the Act. PCIT vs M/S. Dreamcity Buildwell Pvt.
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Gujarat High Court on 25 February, 2020 held that when Search and seizure of incriminating material is at third party and have not in the name of or in hand writings or signature of the assessee, also no such transaction is with third party then in the absence of any other independent material to corroborate the statement of third party no addition can be made.
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ITAT KOLKATA on Mar 18, 2020 held that the assessment made u/s 153A/143(3) of the Act is invalid in the absence of any incriminating material found during course of search hence the addition made by AO in assessment completed was beyond scope.
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No addition as undisclosed income can be made on the basis of documents which are dumb and incapable of any interpretation in proceedings u/s 132, 158BC read with Section 158BD
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अगर आप अपने आयकर आयकर छापे के विवाद को निपटाने के लिए सेटलमेंट में एप्लीकेशन लगा रहे हैं तो निम्न बातों का ध्यान रखें नहीं तो आपकी एप्लीकेशन रद्द की जा सकती है
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No incriminating material was found during search that would have resulted in any addition in income returned by assessee. It was also an uncontroverted fact that assessment consequent to return of income filed u/s 139 for AY 2006-07 was completed. Thus, on date of search, no assessment was pending which could have abated. It was a case of non-abated assessment. No addition could be made in respect of assessments which became final if no incriminating material was found during search. CIT Vs. Murli Agro Products Ltd
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any addition u/s 153A can be made only on the basis of incriminating material found during course of search.No addition can be made on the basis of papers / information submitted during proceedings. D ART FURNITURE SYSTEMS P. LTD. vs. DCIT