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| The Tax Publishers2019 TaxPub(DT) 6392 (Kol-Trib) INCOME TAX ACT, 1961
Section 153A
Where no assessment was pending on the date of search, AO could not make any addition while making the assessment under section 153A without the aid of incriminating material unearthed during search qua the assessment year.
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Search and seizure - Assessment under section 153A - No assessment pending on the date of search - Addition made without the aid of incriminating material
AO made addition in the order passed under section 153A without the aid of incriminating material unearthed during search, in respect of the assessment year of which no assessment was pending on the date of search. Held: Since no assessment was pending on the date of search, therefore, AO could not make any addition while making the assessment under section 153A without the aid of incriminating material unearthed during search qua the assessment year.
Relied:CIT v. Veerprabhu Marketing Ltd. (2016) 388 ITR 574 (Cal) : 2016 TaxPub(DT) 4132 (Cal-HC), CIT v Kabul Chawla (2016) 380 ITR 573 (Del) : 2015 TaxPub(DT) 3486 (Del-HC) and Principal CIT v. Kurele Paper Mills (P.) Ltd. SLP (C) No. 34554 of 2015-SC
REFERRED :
FAVOUR : In assessee's favour
A.Y. : 2009-10 and 2010-11
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