https://www.taxtmi.com/caselaws?id=770066 ITAT Bangalore quashed assessment order under section 153A for assessment year 2018-19. The tribunal held proceedings invalid as the assessee was not the person searched and no incriminating material was found during search conducted on 12th March 2020. The assessment year had already become unabated as notice period under section 143(2) expired on 30th September 2019. ITAT ruled that payments received by qualified consultant gynecologist from hospital constituted professional fees, not salary, evidenced by TDS deduction under section 194J rather than 192. Assessee was entitled to presumptive taxation benefit under section 44ADA, offering 50% of gross professional receipts as income. CIT(A) erred in dismissing appeal without adjudicating on merits. Assessment order was set aside and appeal allowed. en-us Thu, 24 Apr 2025 00:00:00 +0530 Tue, 06 May 2025 09:58:54 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=770066 ITAT Bangalore quashed assessment order under section 153A for assessment year 2018-19. The tribunal held proceedings invalid as the assessee was not the person searched and no incriminating material was found during search conducted on 12th March 2020. The assessment year had already become unabated as notice period under section 143(2) expired on 30th September 2019. ITAT ruled that payments received by qualified consultant gynecologist from hospital constituted professional fees, not salary, evidenced by TDS deduction under section 194J rather than 192. Assessee was entitled to presumptive taxation benefit under section 44ADA, offering 50% of gross professional receipts as income. CIT(A) erred in dismissing appeal without adjudicating on merits. Assessment order was set aside and appeal allowed. Case-Laws Income Tax Thu, 24 Apr 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=770066