[aaykarbhavan] Fw: [Gzb_CA Group -CA. VINAY MITTAL] Fwd: today's order ITAT following Rajasthan high court on scope of section 153A incriminating material must (Rajasthan high court applied)

----- Forwarded Message -----
From: Kapil Goel <advocatekapilgoel@gmail.com>
To: CA.KAPIL GOEL <kapilnkgoelandco@gmail.com>
Sent: Friday, 28 June 2013 3:17 AM
Subject: [Gzb_CA Group -CA. VINAY MITTAL] Fwd: today's order ITAT following Rajasthan high court on scope of section 153A incriminating material must (Rajasthan high court applied) [2 Attachments]

 

Interesting proposition laid down down

 During 

proceedings before us the bench had asked a question to Ld. AR as to 

whether any statement u/s 132(4) was recorded during search to which the 

Ld. AR replied in negative and Ld. Departmental Representative also 

showed his ignorance about such statement. This question was asked 

because the view of the Bench is that if during course of search some 

statement is recorded u/s 132(4) and, in that statement certain facts are 

recorded from the interpretation of which Assessing Officer could 

conclude that there was some undisclosed income, then that statement can 

be considered as incriminating material. Recently, Hon'ble Rajasthan High

Court in judgment delivered on 24.05.2013 in the case of Jai Steel (India) 

u/s ACIT has also dealt with similar circumstances and has held that where 

no incriminating document is found during search, addition cannot be 

made. In this case, on the reopening of cases u/s 153A, the assessee had 

claimed certain deductions which were not claimed in original assessment 

proceedings, however Hon'ble Court has held that Assessing Officer is not 

free to disturb the income, expenditure or deduction de hors any 

incriminating material while making the assessment u/s 153A

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