The Tax Publishers2019 TaxPub(DT) 5714 (Del-Trib)

INCOME TAX ACT, 1961

Section 153A

Since no incriminating material was unearthed by AO during the course of search operation under section 132, therefore no addition could be made during the relevant assessment year under section 153A by reopening the assessment on the matter, which was examined earlier during original assessment.

Search and seizure - Assessment under section 153A - Addition made pursuant to search operation on the same subject-matter, which was examined during original assessment - Validity of

Assessment of assessee was originally concluded under section 143(3). Consequent to search operation conducted on assessee, AO made addition by reopening the assessment under section 153A on the ground head of income for the purposes of assessment of gain arising on sale of plot of lands has been changed from 'capital gains' offered by assessee to 'business income' assessed by AO. Held: Since no incriminating material was unearthed by AO during the course of search operation under section 132, therefore, no addition could be made during the relevant assessment year under section 153A by reopening the assessment on the matter, which was examined earlier during original assessment concluded under section 143(3).

Followed:Pr. CIT v. Meeta Gutgutia (2017) 395 ITR 526 (Del) : 2017 TaxPub(DT) 1767 (Del-HC) and CIT-III v. Kabul Chawla (2016) 380 ITR 573 (Delhi) : 2015 TaxPub(DT) 3486 (Del-HC)

REFERRED :

FAVOUR : In assessee's favour

A.Y. :



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