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| The Tax Publishers2020 TaxPub(DT) 0483 (Ranchi-Trib) : (2020) 181 ITD 0368 : (2020) 203 TTJ 0955 INCOME TAX ACT, 1961
Section 153A
In the absence of any connection with incriminating material unearthed in search proceedings of assessee, additions/disallowances in respect of concluded assessment, were not permissible in law.
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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 assesse's premises framed assessment under section 153A and made certain addition without any incriminating material found during search. Regular assessment for the years under consideration stood unabated as on date of search.Held: In the absence of any connection with incriminating material unearthed in search proceedings of assessee, additions/disallowances in respect of concluded assessment, i.e., assessment years 2009-10 to 2012-13 were not permissible in law.
Followed:Pr. CIT v. Meeta Gutgutia (2017) 395 ITR 526 (Del) : 2017 TaxPub(DT) 1767 (Del-Trib); Pr. CIT v. Sunrise Finlease (P.) Ltd. (2018) 89 taxmann.com 1 (Guj.) : 2017 TaxPub(DT) 5548 (Guj-HC); Pr. CIT v. Saumya Constructions Pvt. Ltd. 2016) 387 ITR 529 (Guj) : 2016 TaxPub(DT) 3466 (Guj-HC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2009-10 to 2015-16
INCOME TAX ACT, 1961
Section 2(22)(e)
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