Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / TMI Blogs / RSS

Search u/s 132 mandates reassessment u/s 147/148; mechanical 153D approval invalidates 143(3) assessment for lack jurisdiction

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ITAT held that, consequent to search u/s 132, the AO was mandatorily required to proceed under the special reassessment regime u/s 147/148 (read with Expl. 2(iv) to s.148) with prior approval u/s 148B, and could not validly complete the pending scrutiny u/s 143(3). The approval purportedly granted u/s 153D was found to be mechanical and without proper application of mind, vitiating the assessment for lack of jurisdiction. The impugned assessment order was therefore declared void and annulled. On merits, in the alternative, ITAT upheld addition towards unexplained opening balance and 20% of unmatched seized entries, but directed recomputation of trading addition by applying a 14% gross profit rate instead of 14.12%/23.85%, to operate only if the jurisdictional defect is overturned by a higher forum.....