https://www.taxtmi.com/caselaws?id=751795 The ITAT Kolkata held that the assessment framed under section 153A was invalid. The Tribunal found that the assessee's statement recorded under section 132(4) was improper as no incriminating material was found during the search at his residential premises. The search party exceeded jurisdiction by bringing documents from an unrelated third-party search to confront the assessee. The AO failed to follow section 153C procedures for material relating to other persons. Since no incriminating material was found and no assessment was pending on the search date, the additions were unjustified under the Abhisar Buildwell precedent. The appeal was decided against the revenue. en-us Fri, 15 Dec 2023 00:00:00 +0530 Wed, 24 Apr 2024 16:38:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=751795 The ITAT Kolkata held that the assessment framed under section 153A was invalid. The Tribunal found that the assessee's statement recorded under section 132(4) was improper as no incriminating material was found during the search at his residential premises. The search party exceeded jurisdiction by bringing documents from an unrelated third-party search to confront the assessee. The AO failed to follow section 153C procedures for material relating to other persons. Since no incriminating material was found and no assessment was pending on the search date, the additions were unjustified under the Abhisar Buildwell precedent. The appeal was decided against the revenue. Case-Laws Income Tax Fri, 15 Dec 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=751795