Asst. Commissioner of Income Tax, Central Circle, Sambalpur Vs. Rajendra Prasad Gupta

Parties Involved

Facts Summary

The case involves an appeal by the revenue against the order of the Commissioner of Income Tax (Appeals) in Appeal No. CIT(A), 2/10104/2012-13 for the assessment year 2013-14. The assessee's premises were searched on 25.9.2014, and the assessment was completed with additions under section 68 of the Act. The Commissioner of Income Tax (Appeals) annulled the assessment, holding that the Assessing Officer did not have jurisdiction under section 153A of the Act to assess the assessee for the impugned assessment year as no incriminating material was found during the search. The revenue argued that the assessment should be restored, while the assessee contended that the assessment was completed before the search and no incriminating material was found.…

Legal Issues

• 1. Whether the assessment order can be annulled on the ground that no incriminating material was found during the search?

Judgment Outcome

Decided in favour of Revenue.

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