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| The Tax Publishers2019 TaxPub(DT) 2663 (Chd-Trib) : (2019) 199 TTJ 0545 INCOME TAX ACT, 1961
Section 153A
Completed/unabated assessment could not be interfered while framing search assessment in the absence of incriminating material unearthed during search.
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Search and seizure - Assessment under section 153A - Addition in the absence of incriminating material found during search -
AO, pursuant to search conducted at assessee's premises, framed assessment under section 153A and made addition in the absence of incriminating material found during search. Assessee's case was that regular assessment for the year under consideration stood already completed as on the date of search. Held: Completed/unabated assessment could not be interfered while framing search assessment in the absence of incriminating material unearthed during search.
Relied:CIT v. Murli Agro Products Pvt. Ltd.', (2014) 49 Taxman.com 172 (Bom.) : ITA No. 36 of 2009 : 2014 TaxPub(DT) 3361 (Bom-HC), CIT v. Continental Warehousing Corporation' ITA No. 523 of 2013 (2015) 279 CTR 0389 (Bombay) : 2015 TaxPub(DT) 2182 (Bom-HC), 'CIT v. Kabul Chawla' (2015) 234 Taxman 300 (Del) : 2015 TaxPub(DT) 3486 (Del-HC) and 'Pr. CIT v. Meeta Gutgutia Prop M/s. Ferns 'N' Petals', ITA 306/2017 and Others decided vide Order, dated 25-5-2017 : 2017 TaxPub(DT) 1767 (Del-HC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2010-11
INCOME TAX ACT, 1961
Section 271(1)(c)
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