Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Proceedings initiated by issuance of notice under s.153C were held not maintainable because the assessee's own premises had been searched, making him a "searched person" and not an "other person" within the scope of s.153C; consequently, the notice and consequential proceedings were quashed. Independently, the assessment order was held time-barred since, despite bearing the last permissible date and reflecting DIN generation on that date, the order did not leave the department's control and was actually booked/dispatched after the limitation date, so it could not be treated as passed within time; accordingly, the assessment order was set aside and the writ was allowed. - HC
Proceedings initiated by issuance of notice under s.153C were held not maintainable because the assessee's own premises had been searched, making him a "searched person" and not an "other person" within the scope of s.153C; consequently, the notice and consequential proceedings were quashed. Independently, the assessment order was held time-barred since, despite bearing the last permissible date and reflecting DIN generation on that date, the order did not leave the department's control and was actually booked/dispatched after the limitation date, so it could not be treated as passed within time; accordingly, the assessment order was set aside and the writ was allowed. - HC
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