The Tax Publishers2020 TaxPub(DT) 4472 (Hyd-Trib)

INCOME TAX ACT, 1961

Section 153A

In the absence of incriminating material found in the course of search unbated assessment 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

CIT invoked jurisdiction under section 263 and set aside assessment order passed under section 153A to make fresh enquiries in respect of facts and material which were not found during the course of search. AO did this.Held: As assessment for the year under consideration remained unabated as on date of search, and when there was no incriminating material found in the course of search no addition/disallowance could be made based on findings of CIT in the proceedings under section 263.

Distinguished:Mr. Gopal Lal Bhadruka v. Dy. CIT (2012) 346 ITR 106 (AP) : 2012 TaxPub(DT) 2401 (AP-HC).

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2008-09

INCOME TAX ACT, 1961

Section 254(1)

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