Fraud-based GST assessment cannot stand without allegations of fraud, wilful misstatement or suppression; proceedings must follow normal classificatio...
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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.
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