CIT v. Sinhgad Technical Education Society

397 ITR 344Supreme Court of India2017#22 most cited

What is CIT v. Sinhgad Technical Education Society authority for?

For assessments under Section 153C, a notice is legally unsustainable if there is no incriminating material correlated to the specific assessment years for which reassessment is sought.

1,589

judgments rely on this decision, according to BharatTax’s citation analysis of 367,282 Indian tax judgments — from 2017 to 2026.

Also referred to as

CIT v. Sinhgad Technical Education Society · Section 153C · incriminating material · validity of notice 153C · search assessment · correlation of material to assessment year · assessment quashed · Section 153A · search and seizure · post-search assessment

Also reported as

96 Taxmann.com 468250 Taxmann 225297 CTR 441156 DTR 161

Issues it is cited on

Judgments citing CIT v. Sinhgad Technical Education Society

DCIT Central Circle-II, Noida vs. Mg Metalloy Pvt Ltd (Formely Apple Iron Enterprises Pvt. Ltd.), Noida

In the result, appeal of the Revenue is dismissed

ITA 3632/DEL/2019[2013-14]Status: HeardITAT Delhi16 Jan 2024AY 2013-14

Bench: Sh. N. K. Billaiya & Sh. Yogesh Kumar U.S.Assessment Year: 2013-14 Dcit Vs. Mg Metalloy Pvt. Ltd. Central Circle –Ii, (Formerly Apple Iron Noida Enterprises Pvt. Ltd.) B-16, Sec-02, Noida U.P. 201301 Pan No.Aahca8642G (Appellant) (Respondent) Appellant By Sh. Subhra Jyoti Chakraborty, Cit Dr Respondent By Sh. Amit Goel, Ca Date Of Hearing: 16/01/2024 Date Of Pronouncement: 16/01/2024 Order Per N. K. Billaiya, Am: This Appeal By The Revenue Is Preferred Against The Order Of The Cit(A)-4, Kanpur Dated 07.01.2019 Pertaining To A.Y. 2013-14. 2. The Grievance Of The Revenue Read As Under :- “1. Whether On Facts Is & Circumstances Of The Case & In Law, The Ld. Cit(A) Erred In Law While Holding That There Was No Incriminating Material For The Issuance Of Notice U/S 153C Without

Section 132(1)Section 143(3)Section 153C

…e the CIT(A) on the ground that the additions have been made without there being any incriminating material found at the time of search. Strong reliance was placed on the decision of the Hon’ble Supreme Court in the case of Singhad Technical Education Society 397 ITR 344. The CIT(A) was convinced with the contention of the assessee and deleted the impugned additions. 5. Aggrieved by which the revenue is in appeal before us. 6. We find that the CIT(A) while allowing the appeal of the assessee by way of a consolidated order considered the appeal for A.Y. 2012-13 also. In A.Y. 2012-13 the revenue approached the Tr…