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| The Tax Publishers2019 TaxPub(DT) 6660 (Jp-Trib) INCOME TAX ACT, 1961
Section 153A
As regular assessment for the year under consideration remained unabated as on date of search, therefore, no addition could be made while framing assessment under section 153A in the absence of any incriminating material found or seized during search.
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Search and seizure - Assessment under section 153A - No incriminating material unearthed during search - Unabated assessment
AO pursuant to search conducted at assessee's premises framed assessment under section 153A and made addition treating agricultural income as income from other sources. 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, no addition could be made while framing assessment under section 153A in the absence of any incriminating material found or seized during search.
Followed:Jai Steel (India) v. ACIT (2013) 88 DTR 1 (Raj) : 2013 TaxPub(DT) 1647 (Raj-HC), Pr. CIT v. Meeta Gutgutia (2017) 395 ITR 526 (Del) : 2017 TaxPub(DT) 1767 (Del-HC) and ITAT Jaipur Bench in the case of Shri Banna Lal Jat v. Asstt. CIT ITA Nos. 474 to 476/JP2018, Order, dated 24-4-2019] : 2019 TaxPub(DT) 3177 (Jp-Trib).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2010-11 & 2011-12
IN THE ITAT, JAIPUR BENCH
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