The Tax Publishers2020 TaxPub(DT) 4077 (Asr-Trib) : (2020) 207 TTJ 0035

INCOME TAX ACT, 1961

Section 153A

If on the date of search, the assessment proceedings already stood completed and no incriminating material unearthed during the search, then no addition can be made to the income already assessed.

Search and seizure - Assessment under section 153A - Computation of undisclosed income - No increminating material

A search operation was carried out at the residential premises of assessee and the assessment was completed under section 153A, by making addition of undisclosed income. Held: Return filed by the assessee for the relevant assessment year had already been processed by the Revenue under section 143(1) and it was not the case of the Revenue that the assessment proceedings were still alive as on the date of search operation. From the orders passed by the authorities below, there was nothing to suggest as to what incriminating material has been found during the search from the assessee's possession or premises, on the basis of which the additions have been made. Thus, addition made could not held as sustainable in the eye of law.

Followed:CIT v. Kabul Chawla ( (2016) 380 ITR 573 (Del) : 2015 TaxPub(DT) 3486 (Del-HC).

REFERRED :

FAVOUR : In favour of assessee.

A.Y. : 2012-13


INCOME TAX ACT, 19061

Section 153A

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