Shri. K. K. Mohandas vs. DCIT

Parties Involved

Facts Summary

A search under section 132 of the Income Tax Act was conducted at the business premises of Rajadhani Restaurant and on the residential premises of the assessee on 26.09.2012. The Assessing Officer (AO) resorted to the provisions of section 153C of the Act based on the material found during the search. The AO assessed the income of the assessee at Rs.1,63,74,638/-. The assessee filed an appeal before the Commissioner of Income Tax (Appeals) (CIT(A)) challenging the order of the AO, but did not receive any relief. The assessee then appealed to the Income Tax Appellate Tribunal (ITAT).…

Legal Issues

• 1. The learned CIT(A) erred in upholding the validity of proceedings under section 153C of the Act which was illegal for various reasons.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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