Members. The ld Assessing
Officer issued notice U/s 153A on 16/09/2011 and the assessee was
asked to file a true and correct ... initial of search. It has
specifically observed that the provisions of Section 153A to 153C cannot
go beyond the provision of Section
Officer observed that in this case,
the assessment was completed U/s 153A read with Section 143(3) of
the Act. Notice U/s 153A ... Rules, 1962 (in short
the Rules). In response to notice U/s 153A, return declaring income of
Rs. 23,68,116/- was filed
Mittal
taken during the search. Consequent to notice u/s 153A assessee filed its
return declaring same loss of Rs. 16,96,113/-. By that ... dispute arose between the directors due to various reasons.
Ld. AO in 153A assessment asked for production of books of accounts.
Assessee explained the factual
trading addition made by
A.O. in assessment framed U/s 153A, dehors any
incriminating material found in search or otherwise
gathered ... trading addition made by
A.O. in assessment framed U/s 153A, dehors any
incriminating material found in search or otherwise
gathered
income of Rs. 3,01,754/-. The assessment was completed U/s 153A
read with Section 144 of the Act determining the total income ... initiated at the time of passing of assessment order U/s 153A read
with Section 144 of the Act and thereafter the Assessing Officer passed
group concerns of
Unique group, against the assessment orders passed u/s 153A r/w sec 143(3) for
the assessment years mentioned above ... case. Consequent to search conducted on 28.01.2009 notices
u/s 153A were issued in response to which, returns of income were filed
declaring same income
companies, their directors and
family members. Notices for filing returns u/s 153A of the Act were
issued on both assessee ... filed their respective returns on 28-09-2010. Assessment u/s
153A r/w Section 143(3) of the Act in both cases were framed
2013.
Satish Agarwal Vs. DCIT & Ors cases.
153A without having any incrimination material, hence
the assessment completed is ab-initio void.
2 Under ... Therefore, assessment
in this case as passed U/s 153A/143(3) of the Act. The ld Assessing
Officer observed that the assessee had debited
Jurisdictional High court has analysed the
provisions of Section 153A of the Act in detail in the case of Jai Steel
(India) vs. ACIT ... then no addition can be made in the assessment
completed U/s 153A, which has been awaited. He further relied on the
following case laws
belong to a person other than the person
referred to in section 153A , then the books of account or documents or
assets seized or requisitioned ... income of the other person in accordance with the
provisions of section 153A .
1.2 Section 132 of the Act, Search and seizure
