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| The Tax Publishers2021 TaxPub(DT) 5094 (Del-HC) INCOME TAX ACT, 1961
Section 153A
As regular assessment for the year under consideration had attained finality prior to the date of search and remained unabated, therefore, same could not be interfered with in the absence of incriminating material unearned during search. Therefore, addition made by AO not based on incriminating material was not sustainable.
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Search and seizure - Assessment under section 153A - AO made addition without incriminating material discovered during the search - Unabated assessment
AO, pursuant to search conducted at assessee's premises, framed assessment under section 153A and made additions under section 68 of on account of unexplained credits. Assessee challenged this on the ground of no incriminating material found during search.Held: As regular assessment for the year under consideration had attained finality prior to the date of search and remained unabated, therefore, same could not be interfered with in the absence of incriminating material unearned during search. Therefore, addition made by AO not based on incriminating material was not sustainable.
Followed:CIT v. Kabul Chawla (2016) 380 ITR 573 (Del) : 2015 TaxPub(DT) 3486 (Del-HC) and CIT v. Continental Warehousing Corporation (Nhava Sheva) Ltd. (2016) 235 Taxmann 568 (Bom-HC) : 2016 TaxPub(DT) 157 (SC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2008-09 to 2010-11
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