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| The Tax Publishers2019 TaxPub(DT) 7488 (Del-Trib) INCOME TAX ACT, 1961
Section 153A
As relevant assessment was not pending on date of search without incriminating material additions made by AO was therefore, directed to be deleted.
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Search and seizure - Assessment under section 153A - No incriminating material found -
In this case, search operation was carried out on 15-2-2008 and the last search was on the locker on 20-2-2008. The impugned assessment year was 2005-06. Thus on the date of search, no proceedings with respect to assessment year 2005-06 were pending. Hence, it was concluded assessment. Completed assessments can be interfered with by the AO only based on some incriminating material unearthed during the course of search. Order of the AO passed under section 153A read with section 143(3) on 29-12-2009 all additions were made without any reference to any incriminating material found during the course of search.Held: As the addition was involved in the appeal of the assessee as well as in the appeal of the AO were not made on the basis of any incriminating material found during the course of search, all the additions deserves to be deleted. Accordingly, Tribunal allow appeal of the assessee holding that no incriminating document was found during the course of search and not all the additions made by the AO could therefore, be made in the hands of the assessee.
Followed:CIT v. Kabul Chawla (2016) 380 ITR 573 (Del) : 2015 TaxPub(DT) 3486 (Del-HC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2005-06 & 2006-07
INCOME TAX ACT, 1961
Section 271(1)(c)
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