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| The Tax Publishers2021 TaxPub(DT) 1880 (Del-Trib) INCOME TAX ACT, 1961
Section 153A
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 153A in the absence of incriminating material found during search.
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Search and seizure - Assessment under section 153A - No incriminating material found during search - Unabated assessment
AO, pursuant to search conducted at assessee's premises, framed assessment under section 153A and made addition on account of bogus purchases. 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 153A in the absence of incriminating material found during search.
Followed:CIT v. Kabul Chawla (2016) 380 ITR 573 (Del-HC) : 2015 TaxPub(DT) 3486 (Del-HC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2009-10 & 2010-11
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