https://www.taxtmi.com/caselaws?id=459312 ITAT held that when documents are seized during search proceedings under section 132 at third party premises and allegedly belong to other assessees, assessment can only be made under section 153C of the Income Tax Act, not under sections 147/148. The tribunal ruled that section 153C provisions supersede sections 147 and 148 due to the non obstante clause. Notices issued under section 148 and proceedings under section 147 were declared illegal and void ab initio when documents seized from third party search belong to other persons. The assessment must follow section 153C procedures specifically designed for such situations where seized documents belong to persons other than the searched party. Assessee's appeal was allowed. en-us Mon, 04 Oct 2021 00:00:00 +0530 Mon, 09 Dec 2024 11:18:54 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=459312 ITAT held that when documents are seized during search proceedings under section 132 at third party premises and allegedly belong to other assessees, assessment can only be made under section 153C of the Income Tax Act, not under sections 147/148. The tribunal ruled that section 153C provisions supersede sections 147 and 148 due to the non obstante clause. Notices issued under section 148 and proceedings under section 147 were declared illegal and void ab initio when documents seized from third party search belong to other persons. The assessment must follow section 153C procedures specifically designed for such situations where seized documents belong to persons other than the searched party. Assessee's appeal was allowed. Case-Laws Income Tax Mon, 04 Oct 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=459312