AO pursuant to search conducted at assessee's premises framed assessment under section 153A and made certain additions without any incriminating materials found during search. Regular assedssment for the concerned year stood completed as on date of search. Held: Unabated/concluded assessments as on date of search could not be interfered with search assessments in the absence of any incriminating material found in the course of search. Therefore, additions could not be sustained.
IN THE ITAT, MUMBAI BENCH
WASEEM AHMED, A.M. & RAMLAL NEGI, J.M.
Naresh J. Kotak v. DCIT
I.T.A. Nos. 4635-4637 & 4641/MUM/2017
6 November, 2019
Assessee by: M.M. Golvala, A.R
Revenue by: Lakshmi Vara Prasad Gode, CIT-D.R.
Waseem Ahmed, A.M.
The captioned appeals have been filed at the instance of the assessee against the order of the learned Commissioner (Appeals)-54, Mumbai dated 21-3-2017, (in short 'Ld. CIT(A)') arising in the matter of assessment order passed under section 143(3) read with section 153A of the Income Tax Act, 1961 (here-in-after referred to as 'the Act') dt. 7-3-2014 relevant to the assessment years (2006-07 to 2009-10).
Since, common issues are arising in all the appeals and facts being identical, we dispose of all these appeal by this consolidated order for the sake of convenience.
2. In I.T.A. No. 4641/MUM/2017 for assessment year 2006-07, the Grounds of appeal are as follows :--
1. The learned Commissioner (Appeals) erred in upholding the jurisdiction of the assessing officer to complete the assessment under section 153A read with section 143(3).