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| The Tax Publishers2019 TaxPub(DT) 3198 (Kol-Trib) INCOME TAX ACT, 1961
Section 153A
Deduction allowed under section 80-IA in the original assessment could have been restricted by AO only on the basis of incriminating material found during search. As no such incriminating material was found during course of search, original assessment could not be interfered with and accordingly, disallowance was deleted.
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Search and seizure - Assessment under section 153A - No incriminating material found during search -
AO pursuant to search conducted at assessee's premises framed assessment under section 153A and disallowed deduction under section 80-IA which was fully allowed by AO originally in the assessment completed under section 143(3). Held: Deduction allowed under section 80-IA in the original assessment could have been restricted by AO only on the basis of incriminating material found during search. As no such incriminating material was found during course of search, original assessment could not be interfered with and accordingly, disallowance was deleted.
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2005-06 to 2009-10
INCOME TAX ACT, 1961
Sections 40(a)(ia) & 153A
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