The Tax Publishers2019 TaxPub(DT) 2256 (Ind-Trib)

INCOME TAX ACT, 1961

Section 153A

As apparent, no incriminating material was unearthed during search, therefore, no addition couldbe made to the income of the year under consdieration for which no assessment was pending as on the date of search.

Search and seizure - Assessment under section 153A - No incriminating material discovered during search -

AO, pursuant to search conducted at assessee\s premises framed assessment under ection 153A and made addition. Assessee's case was that addition was made only on the basis of information called during block assessment proceedings and no incriminating material was discovered during search. Also, assessment for the year under consideration remained unabated as on the date of search.Held: As apparent, no incriminating material was unearthed during search, therefore, no addition couldbe made to the income of the year under consdieration for which no assessment was pending as on the date of search.

Followed:CIT (Central)-3 Kabul Chawla (2015) 61 Taxman.com 412 (Del).

REFERRED :

FAVOUR : In assessee's favour.

A.Y. :


INCOME TAX ACT, 1961

Section 145(3)

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