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| The Tax Publishers021 TaxPub(DT) 5478 (Del-Trib) Gautam Kumar v. ACIT Against Assessee, Del-Trib, ITA Nos. 838, 839, 840 & 841/Del/2011, 28-Sep-2021 INCOME TAX ACT, 1961
Section 153A
As on the date of search, regular assessment for assessment year 2003-04 was not pending and same remained unabated, therefore, same could not be interfered with without reference to any 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 towards unexplained investments in vehicles. Assessee challenged this on the ground of no incriminating material found during search. Held: As on the date of search, regular assessment for assessment year 2003-04 was not pending and same remained unabated, therefore, same could not be interfered with without reference to any incriminating material found during search and therefore, addition was deleted.
Followed:CIT v. Kabul Chawla (2015) 380 ITR 573 (Del-HC) : 2015 TaxPub(DT) 3486 (Del-HC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2003-04
INCOME TAX ACT, 1961
Section 153A
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