The Tax Publishers2020 TaxPub(DT) 4134 (Del-Trib)

INCOME TAX ACT, 1961

Section 153A

Where High Court in case of CIT v. Kabul Chawla [(2015) 61 taxman.com 412 (Delhi) : 2015 TaxPub(DT) 3486 (Del-HC)] made a reference not only to the evidence found during the course of search, but also to the other post-search material or information available with AO to make an addition under this section and CIT(A) did not advert to this aspect at all in orders made and no finding was returned as to impact of these bank statements on the fact in issue, therefore, matter was remanded back to CIT(A) to consider afresh and to reach a conclusion according to law.

Search and seizure - Assessment under section 153A - No incriminating material found during course of search -

Investigation wing of the Department conducted search and seizure operations under section 132 in a group concern and assessee's business premises was also covered under section 132(1), pursuant to which notice under section 143(2) and 143(1) were issued. AO made two additions on account of cash deposited in the bank account and on account of unsecured loan, and in respect of assessment year 2011-12 addition was made on account of cash deposited in bank account by way of order is passed under section 153A. CIT(A) held that since no incriminating material suggesting earning of any undisclosed income was unearthed during the course of search, no addition could have been made to the income already assessed Held: In CIT v. Kabul Chawla [(2015) 61 taxman.com 412 (Delhi) : 2015 TaxPub(DT) 3486 (Del-HC)] High Court made a reference not only to the evidence found during the course of search, but also to other post-search material or information available with AO to make an addition under this section. It required consideration before reaching a conclusion as to whether or not there was any incriminating material in this case. Since CIT(A) did not advert to this aspect at all in orders made and no finding was returned as to the impact of these bank statements on the fact in issue, therefore, matter was remanded back to CIT(A) to consider the bank statements that were handed over by the assessee at the time of the search to reach a conclusion according to law.

Followed:CIT v. Kabul Chawla (2015) 61 taxman.com 412 (Delhi) : 2015 TaxPub(DT) 3486 (Del-HC) CIT v. Chetan Das Lachman Das (2012) 25 taxmann.com 227 (Del) : 2013 TaxPub(DT) 0009 (Del-HC)

REFERRED :

FAVOUR : Matter remanded

A.Y. :



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