| The Tax Publishers2022 TaxPub(DT) 5682 (Rkt-Trib) INCOME TAX ACT, 1961
Section 153A
Regular assessment which remained unabated as on date of search could not be interfered with while framing search assessment in the absence of incriminating material unearthed during search.
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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 disallowance of deduction under section 80-IA(4). Assessee challenged this on the ground of no incriminating material found during search. Held: Assessment for the year under consideration remained unabated as on date of search, therefore, same could not be interfered with while framing search assessment in the absence of incriminating material unearthed during search.
Relied:Pr. CIT v. Meeta Gutgutia (2018) 96 taxmann.com 468 (SC) : 2018 TaxPub(DT) 4130 (SC), Pr. CIT v. Saumya Constructions (2016) 81 Taxman.com 292 (Gujarat) : 2016 TaxPub(DT) 3466 (Guj-HC), Pr. CIT v. Sunrise Finlease (2017) 89 Taxman.com 1 (Gujarat) : 2017 TaxPub(DT) 5548 (Guj-HC), Kabul Chawla (2015) 380 ITR 573 (Delhi High Court), Pr. CIT v. Desai Construction (P) Ltd. (2017) 81 taxmann.com 271 (Gujarat) : 2016 TaxPub(DT) 4526 (Guj-HC), Pr. CIT v. Dipak Jashvantlal Panchal (2017) 88 taxmann.com 611 (Gujarat) : 2017 TaxPub(DT) 4093 (Guj-HC), Rajat Minerals v. Dy. CIT (2020) 114 Taxman.com 536 (Ranchi-Trib) : 2020 TaxPub(DT) 0483 (Ranchi-Trib), Pr. CIT v. Jaypee Financial Services Ltd. (2021) 127 Taxman.com 419 (Delhi) : 2021 TaxPub(DT) 3984 (Del-HC)
REFERRED :
FAVOUR : In assessee's favour
A.Y. :
IN THE ITAT, RAJKOT BENCH
WASEEM AHMED, A.M. & SIDDHARTHA NAUTIYAL, J.M.
Backbone Projects Ltd. v. Dy. CIT
ITA Nos. 287 & 288/RJT/2015 & ITA Nos. 340 & 341/RJT/2015
26 August, 2022
Assessee by: D.M. Rindani, Authorized Representative
Revenue by: Aarsi Prasad, Commissioner- Departmental Representative
Bench
These are cross appeals filed by the assessee and the Revenue against the orders passed by the learned Commissioner (Appeals) for assessment years 2005-06 and 2006-07 in Appeal Nos. CIT (A)-11/457-R/CC.2/2014-15 & CIT (A)- 11/458-R/CC.2/2014-15 respectively. Since common issues are involved in both the assessment years, the same are being disposed of by way of a common order.
Assessment year 2005-06
2. The assessee has raised the following grounds of appeal:
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