The Tax Publishers2020 TaxPub(DT) 2661 (Del-Trib)

INCOME TAX ACT, 1961

Section 153C

In the absence of incriminating material found during search in case of searched person, no addition could be made in case of other person, i.e., assessee while framing search assessment under section 153C because on the date of search assessment for the concerned assessment year was not pending but a concluded assessment.

Search and seizure - Assessment under section 153C - No incriminating material found during search - Unabated assessment

AO pursuant to search conducted in case of certain party, framed assessment under section 153C and made addition on account of undisclosed income. Assessee challenged this on the ground of no incriminating material found during search. Held: As on the date of search assessment for the concerned assessment year was not pending but a concluded assessment and therefore, same could not be interfered with while framing section 153C assessment as no incriminating material was found during search.

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2005-06 to 2009-10


INCOME TAX ACT, 1961

Section 40A(3)

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