Initiation of Assessment Proceedings can't be done if no incriminating material seized at time search
Last updated: 11 November 2021
Court :
Orissa High Court
Brief :
The Hon'ble Orissa High Court ("Orissa HC") in the matter of Smt. Smrutisudha Nayak v. Union of India and Others [W.P. (C) Nos. 10587 OF 2009 dated October 27, 2021], held that assessment proceedings cannot be initiated if no incriminating materials are seized at the time of the search.
Citation :
The Hon'ble Orissa High Court relied on the case Jai Steel (India) v. Assistant CIT [INCOME TAX APPEAL NO.53/2011 dated May 24, 2013] in which the Rajasthan High Court held that there being absolutely no incriminating materials found or seized at the time of the search, there was no justification for the initiation of assessment proceedings under Section 153A of the IT Act.
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Bimal Jain
Published in Income Tax
Views : 205
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