The Tax Publishers2020 TaxPub(DT) 3445 (Ranchi-Trib)

INCOME TAX ACT, 1961

Section 153A

Since regular assessment for the year under consideration remained unabated as on date of search, therefore, same could not be interfered with while framing search assessment under section 153 in the absence of incriminating material found during search.

Search and seizure - Assessment under section 153A - Addition made without incriminating material found during search -

AO pursuant to search conducted at assessee's premises framed assessment under section 153A and made under section 68 on account of unexplained creditors. Assessee challenged this on the ground of no incriminating material found during search. Held: As regular assessment for the year under consideration remained unabated as on date of search, therefore, same could not be interfered with while framing search assessment under section 153 in the absence of incriminating material found during search.

Relied:CIT v. Kabul Chawla (2015) 380 ITR 573 (Del) : 2015 TaxPub(DT) 3486 (Del-HC)

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2009-10 to 2012-13



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