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The Tax PublishersIT(SS)A. No. 08/Ahd/2017
2019 TaxPub(DT) 3184 (Ahd-Trib)INCOME TAX ACT, 1961
Section 153A
Completed assessment could not be interfered with while framing assessment under section 153A in the absence of incriminating material discovered during search.
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Search and seizure - Assessment under section 153A - No incriminating material found during search - Completed/unabated assessment
AO pursuant to search conducted at assessee's premises framed assessment under section 153A and made addition. Assessee's case was that no incriminating material was unearthed during search. Held: Completed assessment could not be interfered with while framing assessment under section 153A in the absence of incriminating material discovered during search. As apparent, regular assessment for the year under consideration remained unabated as on the date of search and, therefore, addition not based on incriminating material could not be sustained.
Followed:Pr. CIT v. Saumya Construction Pvt. Ltd. [ITA No. 24/2016 dt. 14-3-2016 (Guj)] : (2016) 387 ITR 529 (Guj) : 2016 TaxPub(DT) 3466 (Guj-HC), CIT v. Kabul Chawla (2015) 61 Taxmann.com 412 (Del) : 2015 TaxPub(DT) 3486 (Del-HC) and Asstt. CIT v. Jayesh Steel Pvt Ltd. [IT (SS)A No. 49 & 50/Ahd/2017 for assessment year 2008-09 & 2010-11].
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2009-10
IN THE ITAT, AHMEDABAD BENCH
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