The Tax Publishers2019 TaxPub(DT) 7885 (Del-Trib)

INCOME TAX ACT, 1961

Section 153A

There was no dispute to the fact that no assessment proceedings were pending for the year under consideration as on date of search and also, there was no dispute to the fact sides that no incriminating material was found/seized during search. Such completed/unabated assessment could not be interfered with while framing assessment under section 153A without any incriminating material unearthed during search.

Search and seizure - Assessment under section 153A - No incriminating material found during search - Position of concluded assessment

AO pursuant to search conducted at assessee's premises framed assessment under section 153A and made addition. Assessee challenged this on the ground of no incrimianting material found during search. Held: There was no dispute to the fact that no assessment proceedings were for the year under consideration as on date of search and also, there was no dispute to the fact sides that no incriminating material was found/seized during search. Such completed/unabated assessment could not be interfered with while framing assessment under section 153A without any incriminating material unearthed during search. Therefore, addition made by AO was unsustainable.

Followed:CIT v. Kabul Chawla (2016) 380 ITR 573 (Delhi) : 2015 TaxPub(DT) 3486 (Del-HC).

REFERRED : M/s. HBN Dairies and Allied Ltd. v. Asstt. CIT ITA Nos. 1393 to 1395/Del/2013 : 2018 TaxPub(DT) 5431 (Del-Trib), CIT v. Sinhgad Technical Education Society (2017) 397 ITR 344 (SC) : 2017 TaxPub(DT) 3941 (SC), Pr. CIT v. Meeta Gutgutia Prop. M/s. Ferns 'N' Petals (2017) 395 ITR 526 (Del) : 2017 TaxPub(DT) 1767 (Del-HC) and Smt. Dayawanti v. CIT (2017) 390 ITR 496 (Delhi) : 2016 TaxPub(DT) 4888 (Del-HC)

FAVOUR : In assessee's favour.

A.Y. : 2006-07

IN THE ITAT, DELHI BENCH

SUBSCRIBE TaxPublishers.inSUBSCRIBE FOR FULL CONTENT