Pre-amendment reassessment limitation bars late notices under the preserved regime, invalidating consequential reassessment for affected earlier asses...
Cash-sales explanations for bank deposits require documentary reconciliation; reassessment notice survived where effective response time was available...
Functional comparability in transfer pricing prevents ad hoc arm's length adjustments where functions, assets, risks and reliable comparables are unes...
Contingency expenses, exempt-income disallowance, and royalty benchmarking: unsupported adjustments were deleted under consistent accounting and trans...
The ITAT held that the assessment framed under section 143(3) read with section 153A of the Act is invalid because no valid search was conducted on the assessee's premises. Although the assessee's name appeared in the panchnama and a search occurred at a Kolkata address, the premises of the assessee at Asansol were not searched and did not belong to the assessee. Mere mention in the panchnama or search of premises rented to another entity does not constitute a search against the assessee. Consequently, invocation of section 153A - which relies on a search against the person to extend the assessment period - is baseless and the additions based on unexplained credits/expenditure are set aside.
The ITAT held that the assessment framed under section 143(3) read with section 153A of the Act is invalid because no valid search was conducted on the assessee's premises. Although the assessee's name appeared in the panchnama and a search occurred at a Kolkata address, the premises of the assessee at Asansol were not searched and did not belong to the assessee. Mere mention in the panchnama or search of premises rented to another entity does not constitute a search against the assessee. Consequently, invocation of section 153A - which relies on a search against the person to extend the assessment period - is baseless and the additions based on unexplained credits/expenditure are set aside.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4918 
