Just a moment...
Convert scanned orders, printed notices, PDFs and images into clean, searchable, editable text within seconds. Starting at 2 Credits/page
Try Now →Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether notice issued under section 153A was valid when no search warrant was issued in the assessee's name and the search material did not reflect the assessee.
Analysis: Section 153A applies only where a search is initiated under section 132 or requisition is made under section 132A. The record and the Assessing Officer's report showed that no panchnama existed in the assessee's name and no document or material belonging to or relating to the assessee was found or seized. In such circumstances, the statutory precondition for invoking section 153A was absent and the notice lacked jurisdiction.
Conclusion: The notice under section 153A was held to be without jurisdiction and was quashed, with the assessment order consequently set aside.