The Delhi High Court's Guiding Light on Post-Search Tax Assessments: Application of Section 153C, powers of tax authorities and the rights of assessees.
28 March, 2024
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Post-search assessment requires reliance on incriminating material discovered during search to validate reassessment of income. Post-search assessments must be founded on incriminating material discovered during the search; reassessments cannot be based on material unconnected to ... Summary
Post-search assessment requires reliance on incriminating material discovered during search to validate reassessment of income.
Post-search assessments must be founded on incriminating material discovered during the search; reassessments cannot be based on material unconnected to search records. Third party assessments require a demonstrable link between the impugned income and the incriminating material within those records. The court reaffirmed precedent distinguishing ordinary reassessment from search triggered reassessment and directed re determination consistent with those legal principles to preserve procedural fairness.
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