The Tax Publishers2020 TaxPub(DT) 5318 (Ahd-Trib) : (2021) 085 ITR (Trib) 0276

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 search assessment under section 153A.

Search and seizure - Assessment under section 153A - No incriminating material found during search -

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 search assessment under section 153A.

Relied:CIT (Central)-III v. Kabul Chawla (2015) 61 Taxmann.com 412 (Del), CIT v. Saumya Construction (P) Ltd. Tax Appeal No. 24 of 2016, dated 14-3-2016 : 2016 TaxPub(DT) 3466 (Guj-HC), Pr. CIT v. Sunrise Finlease (P) Ltd. (2017) 89 Taxmann.com 1 (Guj) : 2017 TaxPub(DT) 5548 (Guj-HC).

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2011-12



IN THE ITAT, AHMEDABAD BENCH

SUBSCRIBE TaxPublishers.inSUBSCRIBE FOR FULL CONTENT

TaxPublishers.in

'Kedarnath', 7, Avadh Vihar, Near Nirali Dhani,

Chopasni Road

Jodhpur - 342 008 (Rajasthan) INDIA

Phones : 9785602619 (11 am - 5 pm)

E-Mail : mail@taxpublishers.in / mail.taxpublishers@gmail.com