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| The Tax Publishers2020 TaxPub(DT) 1108 (Del-Trib) INCOME TAX ACT, 1961
Section 153A
Completed assessments can be interfered with by AO while making assessment under section 153A only on basis of some incriminating material unearthed during course of search or requisition of documents or undisclosed income or property discovered in course of search which were not produced or not already disclosed or made known in the course of original assessment.
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Search and seizure - Assessment under section 153A - Absence of any incriminating material found in search -
Issue was as regards validity of additions/disallowances made pursuant to search proceedings. Case of assessee was that none of additions were based upon any incriminating material found during the course of search proceedings. Held: Completed assessments can be interfered with by AO while making assessment under section 153A only on basis of some incriminating material unearthed during course of search or requisition of documents or undisclosed income or property discovered in course of search which were not produced or not already disclosed or made known in the course of original assessment. Since on date of search, the said assessments already stood completed and no incriminating material was unearthed during search, no additions could have been made to income already assessed.
Followed:CIT (Central)--III v. Kabul Chawla (2015) 380 ITR 573 (Del) : 2015 TaxPub(DT) 3486 (Del-HC)
REFERRED :
FAVOUR : In assessee's favour
A.Y. :
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