Monday, March 17, 2014

[aaykarbhavan] No 153A if no material found during search even for returns processed u/s 143(1)




 
Shri Atul Barot Versus The DCIT Central Circle 23, Mumbai
Validity of assessment made u/s 153A of the Act No incriminating material found during the search action u/s 132 of the Act Held that - The decision in The ACIT Cent. Cir. 33, Mumbai Versus Shri Jayendra P. Jhaveri 2014 (2) TMI 1131 - ITAT MUMBAI followed - the return was processed u/s. 143(1) of the Act but the same has attained finality due to the expiry of limitation period of twelve months from the end of the month in which the return was filed - the assessment is deemed to be completed and not pending on the date of search - no incriminating material was found from the premises of the assessee during the search u/s. 132 of the Act. BR BR In Jai Steel (India) v. ACIT 2013 (6) TMI 161 - RAJASTHAN HIGH COURT relied o


Regards
Prarthana Jalan


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