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The Tax Publishers2020 TaxPub(DT) 3437 (Del-Trib) INCOME TAX ACT, 1961
Section 153A
In the absence of incriminating material found during search, no addition could be made while framing assessment under section 153A where regular assessment for the concerned year stood unabated as on date of 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 accordingly made addition on account of bogus purchases. Assessee challenged this on the ground that no incriminating material was found during search. Held: As assessment for the year under consideration remained unabated as on date of search, therefore, no addition could be made in the absence of incriminating materail found during search.
Followed:Pr. CIT v. Meeta Gutgutia (2017) 325 ITR 526 (Del) : 2017 TaxPub(DT) 1767 (Del-HC)
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2006-07 & 2007-08
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