The Tax Publishers2020 TaxPub(DT) 4047 (Guj-HC) : (2020) 275 TAXMAN 0522

INCOME TAX ACT, 1961

Section 153A

In the absence of incriminating material found during search, assessment for the year under consideration which remained unabated as on date of search, could not be interfered with while framing assessment under section 153A.

Search and seizure - Assessment under section 153A - No incriminating material found during search - Unabated 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 incriminating material found during search. Held: In the absence of incriminating material found during search, assessment for the year under consideration which remained unabated as on date of search, could not be interfered with while framing assessment under section 153A.

Relied:Pr.CIT-4 v. SAumya Construction (P) Ltd. (2016) 387 ITR 529 (Guj-HC) : 2016 TAxPub(DT) 3466 (Guj-HC).

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2009-10



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