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| The Tax Publishers2021 TaxPub(DT) 4744 (Del-Trib) INCOME TAX ACT, 1961
Section 153A
Regular assessment which remained unabated as on date of search could not be interfered with while framing search assessment in the absence of incriminating material unearthed 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 unexplained share capital. Assessee challenged this on the ground of no incriminating material found during search.Held: Assessment for the year under consideration remained unabated as on date of search, therefore, same could not be interfered with while framing search assessment in the absence of incriminating material unearthed during search.
Relied:CIT v. Kabul Chawla (2015) 380 ITR 573 (Del-HC) : 2015 TaxPub(DT) 3486 (Del-HC), Pr.CIT v. Meeta Gutgutia Prop. Ferns 'N' Petals (2017) 395 ITR 526 (Del-HC) : 2017 TaxPub(DT) 1767 (Del-HC) and CIT v. Sinhgad Technical Education Society (2017) 397 ITR 344 (SC) : 2017 TaxPub(DT) 3941 (SC).
REFERRED :
FAVOUR : In assessee favour.
A.Y. : 2009-10 & 2010-11
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