The Tax Publishers2022 TaxPub(DT) 6699 (Del-HC) : (2022) 447 ITR 0668

INCOME TAX ACT, 1961

Section 153A

As regular assessment for the year under consideration remained unabated as on date of search, therefore, same could not be interfered with in the absence of incriminating material unearthed during the course of search, therefore, addition made by AO was not based on any incriminating material could not be sustained.

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 cerain addition. Assessee challenged this on the ground of no incriminating material found during search. CIT(A) deleted addition. Tribunal held that no addition could be made if it was not based on seized material/documents found during search. Held: As regular assessment for the year under consideration remained unabated as on date of search, therefore, same could not be interfered with in the absence of incriminating material unearthed during the course of search, therefore, addition made by AO was not based on any incriminating material could not be sustained.

Relied:Pr. CIT v. Bhadani Financiers Pvt. Ltd. 2021 SCC OnLine Del 4430 : 2021 TaxPub(DT) 5094 (Del-HC) and CIT v. Kabul Chawla, (2016) 380 ITR 573 (Del-HC) : 2015 TaxPub(DT) 3486 (Del-HC) and Pr. CIT v. Meeta Gutgutia (2017) 82 Taxmann.com 287 (Del-HC) : 2017 TaxPub(DT) 1767 (Del-HC).

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2009-10



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