https://www.taxtmi.com/caselaws?id=757662 The ITAT Delhi held that the AO illegally exercised jurisdiction under Section 147 instead of Section 153C in a search case. Following the Rajasthan HC decision in Nishit Gupta case and Supreme Court precedent in Abhisar Buildwell, the tribunal ruled that when incriminating material is seized relating to persons other than those searched, Section 153C must be invoked regardless of whether material exists for all preceding years. The argument that Section 153C applies only with incriminating material for all relevant years was rejected. The assessee's appeal was allowed. en-us Tue, 27 Aug 2024 00:00:00 +0530 Thu, 29 Aug 2024 10:36:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=757662 The ITAT Delhi held that the AO illegally exercised jurisdiction under Section 147 instead of Section 153C in a search case. Following the Rajasthan HC decision in Nishit Gupta case and Supreme Court precedent in Abhisar Buildwell, the tribunal ruled that when incriminating material is seized relating to persons other than those searched, Section 153C must be invoked regardless of whether material exists for all preceding years. The argument that Section 153C applies only with incriminating material for all relevant years was rejected. The assessee's appeal was allowed. Case-Laws Income Tax Tue, 27 Aug 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=757662